KH v Bury Metropolitan Borough Council and Secretary of State for Work and Pensions (HB): [2020] UKUT 50 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 14 February 2020.

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

• Categories: European Union law, Residence and presence conditions
• Sub-categories: European Union law - workers, Residence and presence conditions - right to reside
• Judges: Wright, S
• Decision date: 14 February 2020

Read the full decision in CH/2389/2016.

Judicial Summary

Whether the “genuine chance of being engaged” test under regulation 6(2)(b)(ii) of the Immigration (EEA) Regs 2006 is contrary to EU law in respect of those with retained worker status –– Article 7(3)(b) of Directive 2004/38/EC - whether EU law differs in this context between mere workseekers and those seeking to retain worker status by jobseeking - use of referral power under section 9(5)(b) of the Tribunals, Courts and Enforcement Act 2007.

Decision selected for reporting as [2020] AACR 22