AT v LB Hillingdon and Secretary of State for Work and Pensions (HB): [2023] UKUT 149 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 28 June 2023.
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Judicial Summary
The decision records, obiter, the concession on behalf of Secretary of State for Work and Pensions that “the drafting of regulation 10(5) of the European Economic Area Regulations does not fully transpose the retained right to reside in the United Kingdom conferred by article 13(2)(a) of the Directive on a family member of a third country national following the dissolution of a marriage between the third country national and an European Economic Area citizen who was exercising treaty rights in the United Kingdom. The terms of the European Economic Area Regulations, as drafted, cover only the third country national who was a party to the marriage, whereas the terms of article 13(2)(a) protect the third country national family members of the Union citizen.”