Aleksandroviciute

Anyone know what happened in this case?

Leave to appeal to CA was granted and it was listed for hearing in July but the osscsc website says “Hearing vacated as consent order drafted”. It was about whether WRS registration can have retrospective effect.

Hi Damian-

My understanding is that the parties agreed the claimant did have a right to reside as had done some work for an authorised employer and then had kids in education.

So the issue as to retrospecive registration etc did not get addressed by the Court of Appeal.

For people for whom that is an issue then I think Judge Ward’s decision below at UT level still binds at FtT and DM level. However, could always seek permission to appeal to UT and then either attempt to persuade another judge to do things differently (unlikely) or ask for permission to the CA - I think the Judge acknowledged the issues were finely balanced in his decision and given leave granted before then I imagine it would be granted again.

I think the solicitors who were acting for Mr A may be bringing a new case with a different claimant although I am not sure what stage that is at.

Martin.

Judge Ward has given leave to appeal against his decision in CJSA/2621/2011 so that point about retrospective effect of worker registration certificate can be decided -

here’s link to briefcase summary -

http://www.rightsnet.org.uk/briefcase/summary/right-to-reside-whether-worker-registration-certificate-was-retrospective-t/