The Secretary of State for the Home Department v Sylvia Sonkor
[2023] UKUT 276 (IAC)
AT v London Borough of Hillingdon & Anor
28 June 2023
[2023] UKUT 149 (AAC)
Upper Tribunal
A mom's housing benefit was denied. She claimed a mistake was made, but the judge still didn't think she should get it because she wasn't dependent on her son. The decision to not give her money was upheld.
Key Facts
- •Ms T, a Pakistani national, arrived in the UK in 2014 to join her son, Mr M.
- •Mr M married a Lithuanian EU citizen in 2011, acquiring permanent residency in 2016.
- •Mr M divorced his wife in 2017.
- •Ms T applied for housing benefit, which was denied because she lacked a qualifying right to reside.
- •The First-tier Tribunal (FtT) dismissed Ms T's appeal.
- •Ms T appealed to the Upper Tribunal (UT), arguing the FtT misapplied EU law.
Legal Principles
Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States
EU Law
Immigration (European Economic Area) Regulations 2016/1052
UK Law
Residence cards issued by the Home Office are declaratory, not constitutive.
OB v SSWP (ESA) [2017] UKUT 255 (AAC)
The EU law test for dependency is concerned with material support to meet essential needs.
C-1/05 Jia v Migrationsverket
Errors of fact only give rise to an error of law in specific circumstances.
E and R v SSHD [2004] EWCA Civ 49
Outcomes
The appeal is dismissed.
While the FtT failed to apply EU law correctly, its error was immaterial as its findings were unassailable. The UT found Ms T did not meet the criteria for dependency on her son.
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