Secretary of State for Work and Pensions v AS (CA): [2021] UKUT 24 (AAC)
Upper Tribunal Administrative Appeals Chamber decision of Judge Ward on 4 February 2021.
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Judicial Summary
Can a person who would otherwise be a “person subject to immigration control” under Immigration and Asylum Act 1999, s 115(9) rely on the provisions of SI 2000/636 which exempt a member of a family of a national of a state which is a party to the Oporto Agreement on the European Economic Area if the national has not exercised freedom of movement rights? CDLA/708/2007 followed, on additional grounds. JFP v Department for Social Development(DLA) [2012] NiCom 267 not followed.