Hello

Could any one provide assistance, suggestion with the case below.

A PC claimant has lost his appeal as the tribunal did not accept that he did not intend to return to the country of his origin. He has had extended holidays due to relatives being ill and to care and look after. He has returned to the UK has Bank account, registered with GP, got a flat from the LA etc. Inspite of all these evidence the Tribunal was not persuaded. The Tribunal disputes that his centre of interest is else where and not in the UK.

ANY COMMISSIONERS DECISION i CAN USE TO CHALLENGE THE CASE

PLEASE HELP urgent! HOPE TO TAKE THE CASE TO THE COMMISSIONERS. hELP NEEDED BY 19/3/08

Assistance will be most appreciated.

Hi

I think tribunal wrong because habitual residence not dependent on permanant stay in UK in any case. Person has to be making "genuine home for the time being": R(IS) 6/96. I don't see how this wouldn't be the case if he has LA accomodation. That decison also good for guidance on "settled intention" in general and see pp308-9 of Wood. You could say tribunal misconstrued the meaning of habitual residence and so the decision wrong in law and should be set aside. You could ask Commissioner to substitute favourable decision in view of undisputed facts as outlined by you above.

I think your client should put in another claim for PC just to be on safe side. If that has to go to tribunal, new tribunal is not bound by decision of previous tribunal and unlikely to be so harsh.

Cheers Ros

Yes, it is arguable that the tribunal misdirected itself. The centre of interest test comes from European law but domestic law is more along the lines suggested by Ros and if the tribunal did not apply its mind to that then it, arguably, erred in law.

try this

http://www.osscsc.gov.uk/aspx/view.aspx?id=1981

ch 1786 2005