Category Archives: European Union

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

TN & MA (Afghanistan): Is JR an Effective Remedy for UASCs?

Like the case of AA (Afghanistan), the cases of TN and MA (Afghanistan) (AP) (Appellants) UKSC 2014/0047 also involve the Reception Directive and regulation 6 of the Asylum Seekers (Reception Conditions) Regulations 2005 which impose on the Home Office the … Continue reading

Posted in Afghan War, Asylum, CFR, Children, CJEU, ECHR, European Union, Judicial Review | Tagged , , , | 1 Comment

Asylum and Sexual Orientation: Lost Opportunities in the CJEU

Joined Cases C-148/13 to C-150/13, A, B, C v Staatssecretaris van Veiligheid en Justitie, UNHCR intervening, EU:C:2014:2406 (02 December 2014) As Lord Hope DPSC (as he then was) explained some years ago, the High Contracting Parties to the to the Convention … Continue reading

Posted in Asylum, CFR, CJEU, European Union, Netherlands | Tagged , , , , | 1 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

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

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

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