Supreme Court to hear appeal on the legality of the “right to reside” test.

26.03.14 | |

Samin v Westminster CC: The Supreme Court has granted Mr Samin permission to appeal against a decision that he is not eligible for homeless assistance under Pt VII of the Housing Act 1996 on the basis that the right to reside test imposed by The Allocation of Accommodation and Homelessness (Eligibility) (England) Regulations 2006 and The Immigration (European Economic Area) Regulations 2006 is discriminatory on grounds of nationality contrary to Art.18 of the Treaty on the Functioning of the European Union.


Mr Samin, who is an Austrian citizen, has lived in the UK for more than eight years. He has been unable to work since 2007 because of ill-health. On applying to Westminster as homeless, he was found not be eligible for assistance because he was not a “qualified person”, i.e. he did not have a right to reside in the UK as a job-seeker, a worker, self-employed person, a self-sufficient person or a student (see EEA Regulations, reg.6(1)).


David Carter is junior counsel for Mr Samin. 

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