Category Archives: CFR

Advocate General Sharpston: Charter Constrains “Verifying” Asylum Claimants’ Sexual Orientation

In her recent Opinion in Joined Cases C-148/13, C149/13 and C-150/13, A, B and C, AG Sharpston agreed with the view that “an individual’s sexual orientation is a complex matter, entwined inseparably with his identity, that falls within the private … Continue reading

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Arden LJ on CSIC and Permanent Residence

Ahmad v Secretary of State for the Home Department [2014] EWCA Civ 988 (16 July 2014) Should the spouse of an economically inactive EEA citizen, i.e. a national of one of the member states of the EU or of one … 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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CJEU on the Qualification Directive, Homosexuality and Persecution

Joined Cases C-199/12, C-200/12, C-201/12, Minister voor Immigratie en Asiel v X, Y and Z v Minister voor Immigratie en Asiel The status of homosexuals is an extremely fascinating aspect of asylum and human rights law. Even in the freedom … Continue reading

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Court of Justice of the European Union on State Security, Notification of Decisions, Disclosure and Judicial Protection

Case C-300/11 ZZ v Secretary of State for the Home Department (4 June 2013) This is such an interesting case, which also involves Islam and the West, on Directive 2004/38/EC (the Directive). Some of the details in the Special Immigration … Continue reading

Posted in CFR, Citizens Directive, CJEU, Closed Evidence, Disclosure, European Union, Proportionality | Tagged , , , | Leave a comment

Can Third Country National Stepfathers Derive Rights Of Residence From Union Citizen Children?: Part 2

O & S v Maahanmuuttovirasto v L [2012] EUECJ C-356/11 (06 December 2012) This post analyses the rationale espoused by the CJEU in relation to its ruling which is highlighted in Can Third Country National Stepfathers Derive Rights Of Residence From … Continue reading

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Can Third Country National Stepfathers Derive Rights Of Residence From Union Citizen Children?: Part 1

O & S v Maahanmuuttovirasto v L [2012] EUECJ C-356/11 (06 December 2012) This pair of cases was referred to the Court of Justice of the European Union (CJEU) by the Korkein hallinto-oikeus – the Finnish Supreme Administrative Court. Although as … Continue reading

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CJEU: Public Manifestation of Religion and Persecution

Bundesrepublik Deutschland v Y & Z [2012] EUECJ C-71/11 (05 September 2012) Pakistan is an intolerant country where human rights are routinely violated and minorities are persecuted. The paradox is that the country was created because Indian Muslims feared a marginal … Continue reading

Posted in Article 9, Asylum, CFR, CJEU, ECHR, Germany, Pakistan | Tagged , , , , | 2 Comments

Other Family Members: The Rationale

The last post had shed a little bit of light on the decision of the Court of Justice of the European Union (“CJEU”) in relation to six questions which were referred to it by the Upper Tribunal (“UT”) in MR … Continue reading

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