Neil Wilby Media

In a recent landmark judgment, the County Court at Manchester overturned Oldham Council’s decision to deny homelessness assistance to an Equatorial Guinea woman, identified only as C.

This significant ruling, handed down by His Honour Judge Nigel Bird, emphasises the rights of non-EU family members residing in the UK under the Withdrawal Agreement (WA) post-Brexit.

Case Background

The appellant, a 74-year-old woman from Equatorial Guinea, moved to the UK in 2019 to live with her two daughters, both Spanish citizens. After a series of unsuccessful living arrangements, she became homeless in May 2022. Her application for assistance from Oldham Council was denied in October 2022, based on her immigration status, leading her to appeal the decision.

Legal Framework

Under the Housing Act 1996 and the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006, individuals requiring leave to enter or remain in the UK are typically ineligible for housing assistance. However, the appellant’s rights under the Withdrawal Agreement, a key aspect of the Brexit deal, complicated this matter.

Court’s Analysis

Judge Bird’s judgment hinged on several crucial points:

1. Withdrawal Agreement Rights: The appellant’s right to reside in the UK derived from the WA, specifically Article 23, which prohibits discrimination based on immigration status.

2. Charter of Fundamental Rights of the European Union (CFR): If the appellant’s rights under the WA were not upheld, her rights under the CFR would still entitle her to non-discrimination.

3. Eligibility and Discrimination: The judge found that the WA rights supersede domestic regulations, making the council’s rejection unlawful.

Interventions and Wider Implications

The case saw interventions from three significant bodies: the Independent Monitoring Authority (IMA), the 3Million Limited, and the Aire Centre. These organisations underscored the broader importance of the case for EU citizens and their family members in post-Brexit Britain.

Judge Bird’s Conclusion

Judge Bird concluded that the appellant was indeed entitled to equal treatment rights under the WA, which Oldham Council had unlawfully ignored. Consequently, the appeal was allowed, marking a critical affirmation of the rights of non-EU family members under the Withdrawal Agreement.

Impact

This judgment is a significant victory for the appellant and sets a precedent for other non-EU family members facing similar challenges. It reinforces the legal protections afforded under the WA and highlights the importance of ensuring that local authorities comply with international agreements in their decision-making processes.

This case serves as a reminder of the ongoing complexities and legal battles surrounding immigration and residency rights in the UK, particularly in the aftermath of Brexit. The judgment not only brings relief to the appellant but also strengthens the legal standing of many others in similar situations.

The full court judgment can be read at this weblink.

The Council Leader, Cllr Arooj Shah, has been asked to provide a statement and a freedom of information request has been made to her information rights team regarding the costs of this latest legal misadventure.