THE FACTUAL BACKGROUND
THE FACTUAL BACKGROUND
The appellant and his family
The material facts can be stated shortly. The appellant was born on 31 March 1985 and is now aged 40. He is married with two young children and is a carer for his wife, ED. The appellant came from Iran about 25 years ago and was granted refugee status. The appellant married ED who was living in Iran. They had their first child in 2020. On 10 March 2021, ED was given permission to join RR in the United Kingdom as his spouse. Sadly, a few days later, ED was seriously injured in a car accident in Iran when she sustained brain damage and life-changing injuries. Those problems have left her with mobility problems, problems with her vision and dizziness and have left her with constant pain in her legs, lower back and pelvis. The appellant’s wife and child subsequently came to the United Kingdom. Their second child was born in the United Kingdom in 2023. Prior to his wife’s arrival in the United Kingdom, the appellant was working as a taxi driver. When ED arrived in the United Kingdom, the appellant became her primary carer.
- Heading
- LORD JUSTICE LEWIS
- THE LEGISLATIVE FRAMEWORK
- The 2010 Act
- THE FACTUAL BACKGROUND
- The application for housing assistance under Part VII of the 1996 Act
- The allocation of Part VI accommodation
- The award of points and the review decision
- The Emergency and Exceptions Panel decision
- The Judgment
- THE ISSUES
- THE FIRST ISSUE – IS THE APPEAL ACADEMIC?
- THE SECOND AND THIRD ISSUES – INDIRECT DISCRIMINATION UNDER SECTION 19 OF THE 2010 ACT AND THE ADMISSIBILITY OF EVIDENCE
- Discussion
- The comparison – is there evidence of disproportionate adverse impact?
- Is there a causal connection between the PCP and the particular disadvantage alleged?
- THE FOURTH ISSUE – THE DUTY TO MAKE REASONABLE ADJUSTMENTS
- THE FIFTH ISSUE – SECTION 149 OF THE 2010 ACT
- Submissions
- Discussion
- Conclusions
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