The applicant had come to England on a six month visitor’s visa. She then married an English national, but her visa was not extended.
Held: The husband had business interests and activities throughout the community. The deportation of the applicant would have the effect of removing her support for him and restrict his ability to trade within the EU. The right to trade could be relied upon by an individual as against the state where necessary. A member state could only derogate from the duty where the proposed action complied also with the convention. Here the proposed action would also infringe the right to family life. The deportation would be against EU law. ‘Finally, the question of the risk of abuse should be considered, in particular the possible risk that the national rules of residence concerning the legal position of spouses of nationals who are nationals of non-member countries could be evaded by the spouse who is a national being tempted to ‘create’ a Community connection. Thus it may be argued that the nationals of a member state might, for example, take up employment – even only for a short term – in another member state precisely in order thereby to ‘bring’ themselves and the non-member country spouse within the scope of Community law. It might further be argued that the spouses who are nationals of non-member countries would thus be removed from the exclusive application of national law and would retain a legal position which might be more favourable than under national law, by thereby being given the possibility of residence based on Community law.’
Judges:
GC Rodriguez Iglesias, President and Judges N. Colneric, S. von Bahr, C. Gulmann, D. A. O. Edward, J.-P. Puissochet, M. Wathelet, R. Schintgen and J. N. Cunha Rodrigues
Citations:
[2003] 2 WLR 267, [2002] EUECJ C-60/00, C-60/00, [2003] QB 416
Links:
Statutes:
EC Treaty Art 49, European Convention on Human Rights 6.1
Jurisdiction:
European
Cited by:
Cited – Machado v Secretary of State for the Home Deptment CA 19-May-2005
At issue was a decision of the Home Secretary to deport on grounds of public policy a foreign national married to an EU national with a right of establishment in the United Kingdom. The substantive issue was whether the decision of the IAT to uphold . .
Cited – W (China) and X (China) v Secretary of State for the Home Department CA 9-Nov-2006
The claimants had entered England unlawfully, fleeing from China, then moved to Ireland and then back to England with their new born child, and claimed asylum. The court considered how the position of their child affected the parents.
Held: To . .
Cited – Low and Others, Regina (on the Application of) v Secretary of State for the Home Department Admn 21-Jan-2009
In each case the applicant, a company based in Ireland had employed in its restaurants, Chinese nationals who were unlawfully present here. The company sought judicial review of the arrest of its employees.
Held: ‘None of the claimants had any . .
Lists of cited by and citing cases may be incomplete.
European, Immigration, Human Rights
Updated: 06 June 2022; Ref: scu.174363