MP v First-tier Tribunal and Criminal Injuries Compensation Authority: [2022] UKUT 91 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 22 March 2022.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 11 April 2022

• Categories: Criminal injuries compensation, Human rights law and Tribunal procedure and practice
• Sub-categories: Criminal injuries compensation - other, Human rights law - article 14 (non-discrimination) and Tribunal procedure and practice - tribunal jurisdiction
• Judges: Ward, C
• Decision date: 22 March 2022

Read the full decision in UA-2019-002633-CIC.

Judicial Summary

The applicant, who is ordinarily resident in a country outside Europe with which the UK has no relevant treaty, is unable to claim compensation following the murder of his son, who was ordinarily resident in the UK when he was killed. Such a claim is excluded by paragraph 10 of the 2012 Scheme, which requires an applicant for compensation to satisfy eligibility requirements based on ordinary residence in the UK or various other factors, none of which the applicant could meet. The differential treatment of the applicant which that represents was justified if the matter is to be approached on the basis solely of a requirement imposed on an applicant for compensation. A failure to make differing provision (i.e. a Thlimmenos argument), by allowing reliance to be placed on the eligibility status of the deceased rather than of the applicant for compensation, likewise failed.

Decision selected for reporting as [2022] AACR 5

Published 11 April 2022