N v Her Majesty's Revenue and Customs (CHB): [2021] UKUT 28 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Mitchell on 31 January 2021.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 3 March 2021

• Categories: European Union law
• Sub-categories: European Union law - free movement
• Judges: Mitchell, E
• Decision date: 31 January 2021

Read the full decision in CF/1789/2016.

Judicial Summary

A conventional street musician or ‘busker’, who solicits donations from passers-by, cannot be treated as a self-employed person for the purposes of Council Directive 2004/38/EC, and cannot, therefore, establish a right to reside as a self-employed ‘qualified person’ under the Immigration (EEA) Regulations 2006. A conventional street musician cannot satisfy the test for self-employment in Jany (ECJ Case C-268/99) due to the absence of any agreement as to remuneration.

Published 3 March 2021