Tag Archives: Free Movement

Free Movement Wins Jamaican Homosexual’s Case

Secretary of State for the Home Department (SSHD) v JR (Jamaica), R (on the application of) [2014] EWCA Civ 477 (16 April 2014) This case tells yet another extraordinary tale of winning against impossible odds. The hearing took place on … Continue reading

Posted in Appeals, Article 3, Asylum, Homophobia | Tagged , , , | Leave a comment

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

Posted in Cases, CFR, Citizens Directive, CJEU, Terrorism | Tagged , , | Leave a comment

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

Posted in Blake J, Cases, Citizens Directive, CJEU, Permanent Residence, Poland | Tagged , , | Leave a comment

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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No More Freewheeling Article 8

Gulshan (Article 8 – new Rules – correct approach) Pakistan [2013] UKUT 640 (IAC) (17 December 2013) This case is about spouses and relocation. It is also about Karachi which is my hometown and Pakistan’s largest and most dangerous city. … Continue reading

Posted in Appeals, Article 8, Immigration Rules, Pakistan, Spouses | Tagged , , , , | 2 Comments

The Immigration Bill

Make no mistake about it. Immigration is the burning issue in the UK’s political arena. In May 2013, in setting out the legislative agenda, Her Majesty had explained that the government will bring forward a bill – ensuring that the … Continue reading

Posted in Article 8, Human Rights Act, Immigration Law, Immigration Rules, UKSC | Tagged , , , , | 2 Comments

Citizens’ Directive: Imprisonment and Permanent Residence

Nnamdi Onuekwere v Secretary of State for the Home Department [2013] EUECJ C-378/12 (03 October 2013) This post looks at Advocate General Yves Bot’s recent opinion on Directive 2004/38/EC and the right of permanent residence. The opinion “carries no legal … Continue reading

Posted in Citizens Directive, CJEU, European Union, Permanent Residence, Proportionality | Tagged , , , , | Leave a comment

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

A Rather Cruel Piece Of Mockery: Part 2

MM, R (On the Application Of) v The Secretary of State for the Home Department [2013] EWHC 1900 (Admin) (05 July 2013)  SSHD’s Case In light of Qulia, Chapti and Bibi, Blake J explained (at [86]) that the application of … Continue reading

Posted in Appeals, Article 8, Immigration Rules, MAC, Proportionality, Spouses | Tagged , , , | 1 Comment

The EU Dimension to Proportionality

Essa, R (On the Application Of) v Upper Tribunal (Immigration & Asylum Chamber) & Anor [2012] EWCA Civ 1718 (21 December 2012) Deportation is a hugely controversial issue. Unsurprisingly, opinion on it remains utterly polarised. Journalists and lawyers alike have tried … Continue reading

Posted in Article 8, Citizens Directive, CJEU, Court of Appeal, 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

Posted in Article 8, CFR, Children, CJEU, ECHR, Finland | Tagged , , , , , , | Leave a comment

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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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

Posted in Article 8, Cases, CFR, Citizens Directive, CJEU, ECHR, OFMs, Tribunals | Tagged , , , , | Leave a comment

CJEU: Re Other Family Members

Secretary of State for the Home Department v Islam & Anor [2012] EUECJ C-83/11 (05 September 2012) Lamenting that it was “unfortunate” that the Immigration (European Economic Area) Regulations 2006 (“the regulations”, which transpose Directive 2004/38/EC or the “Citizens Directive” … Continue reading

Posted in Bangladesh, Cases, Citizens Directive, CJEU, OFMs | Tagged , , , | 3 Comments

Article 8 and Kafka: Students under Chikwamba

Secretary of State for the Home Department v Hayat (Pakistan) [2012] EWCA Civ 1054 (31 July 2012) The question where an article 8 claim should be made often arises? At times this is a hard question to answer but the … Continue reading

Posted in Article 8, Court of Appeal, Immigration Rules, Pankina, PBS, Tier 4 | Tagged , , , , | Leave a comment

EEA Regulations Amended

As explained in an alerter post on Free Movement Blog, as of 16 July 2012, the Immigration (European Economic Area) Regulations 2006 will be amended through the Immigration (European Economic Area) (Amendment) Regulations 2012. The regulations are being amended to Give effect … Continue reading

Posted in Asylum, Citizens Directive, CJEU, European Union | Tagged , , | 1 Comment

Dutch charges deemed disproportionate

Commission v Netherlands (Failure of a Member State to fulfil obligations) [2012] EUECJ C-508/10 In this case the Court of Justice of the European Union (Second Chamber) ruled that in granting residence permits to third-country nationals, and to their family members, who … Continue reading

Posted in Article 8, CJEU, European Union, Fees, International Law, Netherlands | Tagged , , , | 2 Comments

Case Preview: Alvi and Munir in Supreme Court

The latest post on Alvi is available here. For the impact of Alvi on the Immigration Rules see post here. The latest post on Rahman, Munir and DP 5/96 is available here. Original post continues below. Writing last week on the … Continue reading

Posted in Article 8, Cases, Immigration Rules, Pankina, PBS, Sedley LJ, Settlement | Tagged , , , , , | 13 Comments