UTIAC 1. Because of the wording of the Qualification Directive, Community law looks outside itself for the interpretation of article 1D, and the CJEU’s pronouncement on the meaning of this aspect of refugee law is a pronouncement on the autonomous meaning of article 1D.
2. Following the CJEU’s reversal of the operative part of the decision of the Court of Appeal in El-Ali [2002] EWCA Civ 1103, the other elements of the latter decision may need to be reconsidered, possibly along the lines set out by the Advocate General in Bolbol v Bevandorlasi es Allampolgarsagi Hivatal Case C-31/09.
Judges:
Ockleton VP, McGeachy UTJ
Citations:
[2012] UKUT 413 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration, European
Updated: 07 September 2022; Ref: scu.466467