Click the case name for better results:

Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016

The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to the provisions of United Kingdom domestic law. Held: The claimants’ appeals failed. When she applied, Ms Mirga was not … Continue reading Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016

Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: Admn 15 Mar 2013

Challenge to power of the SS to detain the claimant a national of the European Economic Area pending a decision to deport. The claimant was a third country national married to an EU national. He was detained pending deportation on the grounds of public policy after criminal convictions. He aid that the pwer granted to … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: Admn 15 Mar 2013

N v Her Majestys Revenue and Customs (CHB) (European Union Law – Free Movement): UTAA 31 Jan 2021

A conventional street musician or `busker’, who solicits donations from passers-by, cannot be treated as a self-employed person for the purposes of Council Directive 2004/38/EC, and cannot, therefore, establish a right to reside as a self-employed `qualified person’ under the Immigration (EEA) Regulations 2006. A conventional street musician cannot satisfy the test for self-employment in … Continue reading N v Her Majestys Revenue and Customs (CHB) (European Union Law – Free Movement): UTAA 31 Jan 2021

KA (EEA: Family Permit; Admission) Sudan: IAT 25 Jun 2008

AIT Article 5 of the Citizens Directive (Council Directive 2004/38/EC) does not confer an unqualified right of pre-entry, entry or residence on family members of a Union citizen exercising Treaty rights. Family members are required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law. As explained … Continue reading KA (EEA: Family Permit; Admission) Sudan: IAT 25 Jun 2008

Lauzikas, Regina (on The Application of) v Secretary of State for The Home Department: Admn 4 May 2018

Challenge to detention of EU citizen pending deportation after completion of sentence. Proportionality. Judges: Michael Fordham QC Citations: [2018] 3 CMLR 31, [2018] EWHC 1045 (Admin), [2018] 4 All ER 141, [2018] WLR(D) 278, [2018] 1 WLR 5299 Links: Bailii, WLRD Statutes: Immigration (European Economic Area) (Amendment) Regulations 2012, Council Directive 2004/38/EC, Immigration (European Economic … Continue reading Lauzikas, Regina (on The Application of) v Secretary of State for The Home Department: Admn 4 May 2018

Ryanair Ltd v Secretary of State for The Home Department: CA 24 Apr 2018

The airline complained of the imposition on it of liability carrying passengers without an entry visa. He had produced a residence card for Austria. The appeal failed. Under the Directive, a valid card must bear the words ‘Residence card of a family member of a Union citizen’ or a translated version. A card of the … Continue reading Ryanair Ltd v Secretary of State for The Home Department: CA 24 Apr 2018

SM (Algeria) v Entry Clearance Officer, UK Visa Section: SC 14 Feb 2018

The Court was asked two questions, first as to its jurisdiction according to the meaning of an ‘EEA Decision’ within the 2006 Regulations, and second as to the position under the Directive of a child who is a third country national but has been placed in the legal guardianship of European Union citizens under the … Continue reading SM (Algeria) v Entry Clearance Officer, UK Visa Section: SC 14 Feb 2018

Banger (Unmarried Partner of British National : South Africa): UTIAC 30 Mar 2017

The Upper Tribunal has referred the following questions to the CJEU for a preliminary ruling under Article 267 TFEU: (1) Do the principles contained in the decision in Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department (Case C-370/90) [1992] operate so as to require a Member State to … Continue reading Banger (Unmarried Partner of British National : South Africa): UTIAC 30 Mar 2017

Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: CA 10 Dec 2013

The appellant sought to challenge an order for his detention pending his deportation by the respondent. A national of a non EU state he had married an EU national resident in the UK. He had been convicted of offences here and detained pending deportation on grounds of publicpolicy. Held: the Court of Appeal dismissed the … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: CA 10 Dec 2013

OQ (India) and Another v Secretary of State for the Home Department; SM (India) v Same: CA 25 Nov 2009

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 … Continue reading OQ (India) and Another v Secretary of State for the Home Department; SM (India) v Same: CA 25 Nov 2009

Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012

The claimant had come from France to England, and worked as a teaching assistant. She set out on a course to train as a teacher but became pregnant, gave up the course, and eventually gave up work temporarily. Her claim to Income Support was refused on the basis that she was not a ‘worker’, and … Continue reading Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012

Ziebell v Land Baden-Wurttemberg (Anciennement Ornek): ECJ 14 Apr 2011

ECJ (External Relations) Association Agreement EEC-Turkey – Decision No 1 / 80 of the Association Council – Article 7, first paragraph – Turkish national who spent ten years before the expulsion order on the territory of the Member State Home – Criminal convictions – Extending the scope of Article 28, paragraph 3, a) of Directive … Continue reading Ziebell v Land Baden-Wurttemberg (Anciennement Ornek): ECJ 14 Apr 2011

The United States of America v Nolan: SC 21 Oct 2015

Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015

Patel v Secretary of State for The Home Department: SC 16 Dec 2019

Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union citizenship rights on removal of the TCN parent from the EU. P an … Continue reading Patel v Secretary of State for The Home Department: SC 16 Dec 2019

Secretary of State for The Home Department v Vomero (Italy): SC 24 Jul 2019

V, Italian, lived in the UK since 1985. On the breakdown of his marriage he moved in with a Mr Mitchell who he later killed. On release from his sentence for manslaughter, the Appellant decided to deport him. The Court of Appeal rejected the Appellant’s appeal from the overturning of the deportation. The Supreme Court … Continue reading Secretary of State for The Home Department v Vomero (Italy): SC 24 Jul 2019

Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019

The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her work before registration. It was additionally argued that a national measure adopted … Continue reading Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019

Brey v Pensionsversicherungsanstalt: ECJ 19 Sep 2013

Judgment – Freedom of movement for persons – Union Citizenship – Directive 2004/38/EC – Right of residence for more than three months – Article 7(1)(b) – Person no longer having worker status – Person in possession of a retirement pension – Having sufficient resources not to become a burden on the ‘social assistance system’ of … Continue reading Brey v Pensionsversicherungsanstalt: ECJ 19 Sep 2013

Saint Prix v Secretary of State for Work and Pensions: ECJ 19 Jun 2014

Reference for a preliminary ruling – Article 45 TFEU – Directive 2004/38/EC – Article 7 – ‘Worker’ – Union citizen who gave up work because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth Judges: A Tizzano (Rapporteur), P Citations: ECLI:EU:C:2014:2007, [2015] 1 CMLR 5, [2014] Imm AR 1076, … Continue reading Saint Prix v Secretary of State for Work and Pensions: ECJ 19 Jun 2014

Taiwo and Another v Olaigbe and Others: SC 22 Jun 2016

The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked whether discrimination because of, or on grounds of, immigration status amounts to discrimination because of, or … Continue reading Taiwo and Another v Olaigbe and Others: SC 22 Jun 2016

Jobcenter Berlin Neukolln v Alimanovic: ECJ 15 Sep 2015

ECJ Judgment – Reference for a preliminary ruling – Freedom of movement for persons – Citizenship of the Union – Equal treatment – Directive 2004/38/EC – Article 24(2) – Social assistance – Regulation (EC) No 883/2004 – Articles 4 and 70 – Special non-contributory cash benefits – Member State nationals who are job-seekers and resident … Continue reading Jobcenter Berlin Neukolln v Alimanovic: ECJ 15 Sep 2015

Dano v Jobcenter Leipzig: ECJ 11 Nov 2014

ECJ Judgment – Free movement of persons – Citizenship of the Union – Equal treatment – Economically inactive nationals of a Member State residing in the territory of another Member State – Exclusion of those persons from special non-contributory cash benefits under Regulation (EC) No 883/2004 – Directive 2004/38/EC – Right of residence for more … Continue reading Dano v Jobcenter Leipzig: ECJ 11 Nov 2014