Search Results for: Directive 2004/58/EC of the European Parliament and of the Council of April 29, 2004

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Batista v Secretary of State for The Home Department: CA 29 Jul 2010

The claimant appealed against a deportation order requiring his return to Portugal. He said that when considering the effect of the order on his family, the AIT had applied the wrong test. Held: The appeal succeeded. The test to be applied was not whether there were insurmountable obstacles to his family returning with him, but … Continue reading Batista v Secretary of State for The Home Department: CA 29 Jul 2010

HR (Portugal) v Secretary of State for the Home Office: CA 5 May 2009

The claimant had been imprisoned whilst in the UK. He claimed the protection of European law to protect him against a deportation order. Held: The claimant could not count the time he had served in prison toward the time spent in the UK to calculate his entitlement to stay here. ‘Residence’ in the Regulations means … Continue reading HR (Portugal) v Secretary of State for the Home Office: CA 5 May 2009