Reply To: How long is temporary?

#9609
Anonymous
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Fair enough. Extract from Mark’s case:

[i:30f2c19397]”Normally Residing With

13. It is clear that for a limited period the claimant’s cousin was residing with her (which is further explained in regulation 3(4) of the 1987 regulations), but was he “normally” residing with her. The extra word must mean something but the tribunal does not appear from the record of proceedings to have considered this point (although in the absence of a full statement it is not possible to know whether it was actually considered). It is a matter of fact and degree, but it seems to me that in the particular circumstances of this case – the deportation, destitution, the highly temporary nature of the arrangement, the fact that the cousin had to sleep on the sofa, the fact that he appears to have left as soon as he could arrange things with various official bodies – no reasonable tribunal could have found that the cousin was “normally” residing with the claimant.” [/i:30f2c19397]