The claimants sought a right of entry and of residence as dependants of EU citizens. They had been refused by the entry clearance officer.
Held: The test of the status of a dependent member of a worker’s family was the result of a factual situation, namely the provision of support by the worker, without there being any need to determine the reasons for recourse to the worker’s support. It was therefore inappropriate to question the applicant on that basis or to refuse entry for that reason.
Lord Justice Ward, Lord Justice Etherton and Lord Justice Sullivan
Times 07-Dec-2009
Parliament and Council Directive 2004/38/EC (OJ April 30, 2004 L158/77)
England and Wales
Citing:
Leave – OQ (India) v Entry Clearance Officer CA 11-Jun-2009
. .
Lists of cited by and citing cases may be incomplete.
Immigration, European
Updated: 11 November 2021; Ref: scu.392549