Szoma v Secretary of State for Work and Pensions

The House of Lords has ruled on the meaning of the phrase "lawfully present" in the European Social Charter and ECSMA, holding that a person who was temporarily admitted fell within the concept. In so doing they overruled Kaya v Haringey LBC [2002] HLR 1; and held that Lord Bridge in In re Musisi [1987] AC 514 had reached the right conclusion for the wrong reason when he construed article 32 of the Geneva Convention by reference to the deeming provision in s11 of the Immigration Act 1971. Richard Drabble QC appeared for Mr Szoma