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Strategic Litigation Project

 

The Strategic Legal Fund for Vulnerable Young Migrants have provided the AIRE Centre with funding for a project to undertake pre-litigation research and mount appeals challenging the lawfulness under EU law of the UK´s ‘right to reside’ test, particularly in its application to the parents of children who face destitution, victims of domestic violence and other vulnerable groups. We are also particularly concerned with tackling the future application of the ‘right to reside’ test under the new Universal Credit welfare scheme.

Although the project is currently in its early stages, we have already been able to assist victims of domestic violence in mounting successful appeals against the refusal of social assistance to the First-Tier Tribunal, with a number of other particularly compelling appeals due to be heard under the remit of this project. We have also been able to provide legal casework, in the form of written advices and legal representations to decision makers on behalf of victims of domestic violence, people with grave medical issues and primary carers for children with disabilities.

The ultimate goal is to secure a referral to the Court of Justice of the European Union, dealing with questions surrounding the blanket application of the right to reside test, in circumstances where EU Citizens face disproportionate hardship in breach of their fundamental rights under the EU Charter.

 

Current Cases:

  • Saint Prix (CJEU C-507/12- On 12 December 2013 Advocate General Wahl of the Court of Justice of the European Union (CJEU) deleivered his Opinion in the case of Jessy Saint Prix, (in which the AIRE Centre was an intervener) which concerns the position of EU citizens who temporarily stop working in the late stages of pregnancy, in order to have their baby.  Read our press release for more information