Appellant no longer eligible for support upon the basis of having attained the status of a National Member of the European Union and European Economic Area.
Application of Article 3 of the ECHR together with consideration of the decision in Pretty v United Kingdom  2SER 97. Consideration of whether there is interference with the appellant’s Article 8 rights – considering M v London Borough of Islington  EWCA 235.
Irrespective of the appellant’s ineligibility for support under Paragraph 1 of Schedule 3 of the Nationality, Immigration and Asylum Act 2002, appellant found eligible for support under Section 95 as a result of a potential breach of Article 8.
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Published 8 February 2017