Losing your rights because went abroad

[wsopft]

one of my colleagues he is from Portugal
working and paying taxes in the UK for 16 years.
the company where he was working went insolvent...on 26 of april of 2014.
ON may 1st , he decide to go to portugal to see his sick mother before he can find another job ...arrive in the UK on june27 (means 8 weeks after )and apply for JSA from july 1st..got reply
from DEPARTMENT OF WORK AND PENSIONS.....
DEAR MR DA SILVA..
we are writhing to tell you that unfortunarely you not entitled to JSA.
we have decided that for the benefit porposes only, you are not considered to be habitualy resident in the UK.
the regulations we used to make our decision are:
REGULATION 85A(1) AND (2) OF JOBSEEKERS ALLOWANCE REGULATIONS 1996
now i ask he was resident in the UK to pay tax for 16 years and never got anything from tax payers...
but not UK resident to get JSA?
means he lost all his rights because he went to see his family for 8 weeks?
european court is a solution?

[Casa]

The point is (as with a UK citizen in this situation), he wasn't available to work to he couldn't be considered a job seeker during this time. He will have to register again when he is ready to look for employment. JSA = Job Seeker's Allowance

[wsopft]

He only applyed after been in portugal and is available to work

[Casa]

In which case he should appeal the decision.
https://www.gov.uk/appeal-benefit/overview