Updated on 08 February 2024
SSWP v AT (AIRE Centre and IMA Intervening) [2022] UKUT 330 (AAC); SSWP v AT [2023] EWCA Civ 1307
Judgment of the Upper Tribunal three judge panel dismissing the Secretary of State’s appeal against the decision of the First-tier Tribunal was given on 12 December 2022. The Secretary of State applied for permission to appeal to the Court of Appeal on 12 December 2022 and the Upper Tribunal granted permission to appeal on three grounds with the written ruling on permission to appeal issued on 13 December 2022.
The case was heard in the Court of Appeal from 8-10 March 2023. A further hearing took place on 10 October 2023. The judgment of the Court of Appeal was handed down on 8 November 2023, dismissing the appeal. The Secretary of State applied for permission to appeal to the Supreme Court and this was refused on 7 February 2024, meaning that the Court of Appeal’s judgment is now final.
Court of appeal judgement www.bailii.org/ew/cases/EWCA/Civ/2023/1307.html
Read the full CPAG article at cpag.org.uk/welfare-rights/test-cases/test-case-updates/destitute-eu-nationals-pss-can-rely-eu-charter-fundamental-rights-obtain
What can claimants in a similar position do? – Resources for advisers
