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.
Citations:
[2021] UKUT 24 (AAC)
Links:
Jurisdiction:
England and Wales
Benefits, Immigration, European
Updated: 04 October 2022; Ref: scu.659501