||All England Reporter
|| All ER (D) 10 (Jun)
|| EWCA Civ 709
||Court of Appeal, Civil Division
Mummery, Hooper and Pitchford LJJ
||Manjit Gill QC and Nazir Ahmed (instructed by Sultan Lloyd) for the claimants.
||Kieron Beal QC (instructed by the Treasury Solicitor) for the Secretary of State.
||30 May 2012
European Union - Workers - Freedom of movement - Right of residence - Claimant Portuguese national being in United Kingdom for five years - Claimant ceasing work due to ill health - Claimant being refused permanent residence on ground not having worked for two years - Upper Tribunal (Immigration and Asylum Chamber) finding incapacity having been permanent and claimant not having been able to engage with labour market - Whether period of residence while claimant incapacitated qualified him as worker - Immigration (European Economic Area) Regulations 2006, , , .
European Union Workers. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that the phrase 'terminates his activity in the United Kingdom as a worker' in the context of reg5(3)(a) of the Immigration (European Economic Area) Regulations 2006, SI2006-1003, did not require a subjective decision by the worker to terminate his employment on the grounds of permanent incapacity. However, the decision was an objective one and the issue could not be determined solely by reference to the worker's belief or intention, reasonable or unreasonable. In the instant case, the claimant had not been a qualified person so to be entitled to permanent residency as his period of permanent incapacity had not counted towards the required period of two years employment in the UK for EU nationals.
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases