Hi guy's

Had a tribunal this morning where DWP quoted CIS/2054/2008 and CIS/2946/2008 and argued that one of our arguments that CIS/185/2008 applied and client has r2r by virtue of this, claim 08/10/08 no longer holds water.

We have another case which relies on residents permit so would like some clarificeation if posible looking at the casees dont think other case in the office has any chance now.

Luckily my case had other grounds and we are waiting for a decision in the post.

Regards

Phil

A lot depends on whether the permit was granted uner the citizens directive or under reg 1612/68, i.e. whether it was pre April '06.

If it's pre 04/06 then CIS 185/2008 holds as it's a grant of a permanent right, however the registration certificates granted post 04/06 don't grant such a right; the simply confirm, at teh date of issue, that a person has a R2R.

Thanks dan

that confirms what we thought as bothe our cases have pre April 2006 permits so CIS/185/2008 still good law even if DWP have leave to appeal which is what we submitted. Pitty the judge didnt think so but theres an error of law and grounds to go upper tribunal.

Phil

CIS 185 etc is at CA as Sec State vs Dias but Judge Rowland's confident he's right and I happen to agree with him. Dias is due for hearing this quarter

ct of appeal's judgment in dias is now out @

http://www.bailii.org/ew/cases/EWCA/Civ/2009/807.html

of the 4 issues considered ... decision on one deferred pending outcome of reference to the ecj in the lassal case .. and two others referred to the ecj ...