Category Archives: Citizens Directive

EU Spouse ‘Retains’ Higher Ground

Singh and Others (Judgment) [2015] EUECJ C-218/14 (16 July 2015) One would think that yet another case called “Singh” – that too in the Court of Justice of the European Union (CJEU) – would probably be met with open arms … Continue reading

Posted in Citizens Directive, CJEU, Karachi, Permanent Residence | Tagged , , , , | Leave a comment

Pending Case NA (C-115/15): Four Questions For CJEU

European Union (EU) law can be potent stuff; its spectacularly emollient effects are totally life-changing for beneficiaries. Conversely, the abrasive national rules are fraught with treachery and only the fit survive. Impossible things are possible for illegal entrants under the regulations … Continue reading

Posted in Article 8, CFR, Citizens Directive, CJEU, ECHR, European Union, Human Rights, Immigration Rules, Karachi, Pakistan, Permanent Residence | Tagged , , , , , , , | 1 Comment

e-Borders Arbitration Set Aside for ‘Serious Irregularity’

These judgments given by Akenhead J relate to the e-Borders controversy. The e-Borders passenger information system was marketed as a one-stop solution to the UK’s immigration and security problems. Under e-Borders the Home Office sought to create an electronic system to … Continue reading

Posted in Arrivals, Citizens Directive, CJEU, Court of Appeal, Politics, Terrorism | Tagged , , , , , | 3 Comments

Supreme Court: EU Law Fails Vietnamese Jihadist

Pham v Secretary of State for the Home Department [2015] UKSC 19 (25 March 2015) – read fully updated article on SSRN. In the case of Pham (formerly “B2”), Lord Neuberger PSC, Lady Hale DPSC and Lord Mance, Lord Wilson, Lord … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, Deportation, Immigration Act 2014, Politics, Proportionality, Statelessness | Tagged , , , , | 1 Comment

Union Law and Kafka under the EEA Regulations

The Immigration (European Economic Area) (Amendment) Regulations 2015 (“the 2015 Regulations”), which enter into force on 6 April 2015, further amend the Immigration (European Economic Area) Regulations 2006 (“the 2006 Regulations”). Among other things, the 2015 Regulations aim to amend … Continue reading

Posted in Appeals, Cases, Citizens Directive, CJEU, European Union | Tagged , , , | Leave a comment

President Gives Home Office Some Stick

MR (permission to appeal: Tribunal’s approach) Brazil [2015] UKUT 29 (IAC) (19 January 2015) In this case, MR, the respondent, a thirty three year old Brazilian mother, applied for a derivative residence card pursuant to the Immigration (European Economic Area) … Continue reading

Posted in Appendix FM, Asylum, Cases, Citizens Directive, CJEU, Tribunals | Tagged , | Leave a comment

UK Loses Key Case on Abuse of Rights

McCarthy and Others (Judgment) [2014] EUECJ C-202/13 (18 December 2014) Consumed by the politics of immigration, the British have become massively uptight about entry into their country. This case – involving a dual British and Irish national living in Spain … Continue reading

Posted in Arrivals, Citizens Directive, CJEU, European Union, Judicial Review, Pakistan, Politics | Tagged , , | 1 Comment