Cardiff City Council v HM (HB): [2019] UKUT 271 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 3 September 2019.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 30 September 2019

• Categories: European Union law
• Sub-categories: European Union law - free movement
• Judges: Ward, C
• Decision date: 3 September 2019

Read the full decision in CH/708/2019.

Judicial Summary

In Secretary of State for the Home Department v Ojo [2015] EWCA Civ 1301 at [20] it was held that “the acquisition of a permanent right of residence depends on continuous residence in a qualifying status.” The case appears not to have been cited in the Upper Tribunal’s decision in OB v SSWP (ESA) [2017] UKUT 255 (AAC) which suggested otherwise, nor in AP v SSWP (IS) [2018] UKUT 307 which, albeit obiter, followed OB. Those decisions appear to have been given per incuriam and Ojo should be followed.

Published 30 September 2019