Tag Archives: 2004/38/EC

Zambrano Carers: ‘Benefits Tourism’ and EU Law

The right to care is not an express function of the EU Treaties or the law of freedom of movement. Yet under case law even a non-EU citizen primary carer can claim a right of residence on the basis of … Continue reading

Posted in Article 14, Article 8, Brexit, CFR, Citizens Directive, Citizenship and Nationality, CJEU, European Union, Judges, Judicial Review, Miller, Neuberger PSC, Proportionality, Tribunals, UKSC | Tagged , , , , , , , , , | 1 Comment

The Home Office Must Prove Abuse Of EU Law Rights

Sadovska & Anor v Secretary of State for the Home Department (Scotland) [2017] UKSC 54 (26 July 2017) During these proceedings, the Supreme Court said it was “delighted” to hear its first appeal in Scotland. Without a doubt, the appellants … Continue reading

Posted in Article 12, Article 8, Brexit, Citizens Directive, ECHR, Enforcement, European Union, Permanent Residence, Proportionality, Spouses, Tribunals, UKSC | Tagged , , , , , , , | 1 Comment

Case Preview: Sadovska and another (Appellants) v Secretary of State for the Home Department (Respondent) (Scotland)

Vociferous debate is raging over EU law rights because of Brexit and, of course, immigration is a hotspot in that regard. Standing firm, European leaders remain committed to their common mission to expand rights and refuse to reduce them. But … Continue reading

Posted in Article 6, CFR, Citizens Directive, ECHR, Enforcement, European Union, False Statements, Immigration Act 2014, Neuberger PSC, UKSC | Tagged , , , , , , | 2 Comments

EU Law and Family Unity: The Opinion in Lounes

Lounes v Secretary of State for the Home Department (C‑165/16 EU:C:2017:407) (30 May 2017) An Algerian, Toufik Lounes entered the UK as a visitor on a six-month visa in January 2010. He overstayed illegally. He formed a relationship with Perla … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, Employment, Integration, Permanent Residence, Proportionality, Spouses, Working | Tagged , , , , , | Leave a comment

Deportation in Advance of Appeal is Unlawful

R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 (14 June 2017) In 2013, as home secretary, Theresa May pledged to her party that foreign criminals with outstanding appeals would no longer be permitted … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Children, Citizens Directive, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Act 2016, Judicial Review, Legal Aid, Ministry of Justice, Neuberger PSC, Proportionality, Public Interest, s 55 BCIA, UKSC | Tagged , , , , , , , , , | 1 Comment

Reflections on Zambrano: The Judgment in Chavez-Vilchez

Chavez-Vilchez and Others C-133/15 ECLI:EU:C:2017:354 (10 May 2017) Minor EU children have a unique status in the CJEU’s jurisprudence and as these Dutch cases show, EU citizen children dependent on their non-EU parents are capable of repaying their debts to … Continue reading

Posted in Article 8, Brexit, CFR, Citizens Directive, Citizenship and Nationality, CJEU, ECHR, European Union, Families, Women | Tagged , , , , , , | Leave a comment

Jihad and the Cancellation of British Passports

R (XH and AI) v SSHD [2017] EWCA Civ 41 (02 February 2017) Fighting in foreign wars is a rising trend among British Muslims. Now that more than 400 British jihadis have returned home they will inevitably indoctrinate impressionable youth … Continue reading

Posted in Article 6, CFR, Citizens Directive, CJEU, Court of Appeal, ECHR, European Union, Judicial Review, Miller, Politics, Proportionality, Syria, Terrorism | Tagged , , , , , , , | Leave a comment