Category Archives: Cases

Retained Right of Residence Question Referred

NA v Secretary of State for the Home Department & Anor [2014] EWCA Civ 995 (17 July 2014) In this case, the Court of Appeal (Lord Dyson MR, Sullivan & Sharp LJJ) referred to the CJEU the question whether, in order … Continue reading

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Case C‑202/13 McCarthy: UK Unilaterally Suspending Free Movement

This is the long-awaited opinion in relation to the reference to the CJEU made in R (McCarthy & Ors) v Secretary of State for the Home Department [2012] EWHC 3368 (Admin). Advocate-General Szpunar’s opinion relates to the scope of the … Continue reading

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Essence Must Always Be Disclosed

ZZ (France) v Secretary of State for the Home Department (No. 2) [2014] EWCA Civ 7 (24 January 2014) Some disputes are difficult to settle. This case involves a longstanding quarrel about the true interpretation of Directive 2004/38/EC (the directive) … Continue reading

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MG and Onuekwere: Part 2

As stated by the CJEU in para 31 of MG, Onuekwere v Secretary of State for the Home Department [2014] EUECJ C-378/12 is an important judgment. Nnamdi Onuekwere (O), a Nigerian, claimed that he entered the UK as a visitor. Surely … Continue reading

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MG and Onuekwere: Part 1

Secretary of State for the Home Department v MG [2014] EUECJ C-400/12 (16 January 2014) Onuekwere v Secretary of State for the Home Department [2014] EUECJ C-378/12 (16 January 2014) In these punchy judgments, the Court of Justice of the … Continue reading

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Immigration Bill: Article 8 and Public Interest

The immigration bill has quite a lot to do with article 8 (right to respect for private and family life and one’s home and correspondence) of the European Convention on Human Rights. It is intended that the bill will speedily … Continue reading

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A Nice Bit Of Beer

Blackside Ltd, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2087 (Admin) (23 July 2013) The UK Border Agency (as it partially continues to call itself) is easily criticised for the way it … Continue reading

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