The respondent an Italian national had come to the UK, and married an English wife and making a family here. After the marriage broke down he committed a manslaughter, and on his release it was decided that he should be deported. He successfully appealed, and his appeal was confirmed by the Court of Appeal. Held: … Continue reading Secretary of State for The Home Department v Vomero (Italy): SC 27 Jul 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
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
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
The court was asked whether an EU migrant worker was entitled to the protection of the homelessness provisions of the 1996 Act: ‘he is if he is a migrant worker from another EU country, exercising his EU rights as an Austrian citizen to work in another country. Otherwise he is not.’ Held: His appeal from … Continue reading Samin v City of Westminster: CA 21 Nov 2012
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016
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
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
(Grand Chamber) Freedom of movement for persons – Directive 2004/38/EC – Articles 16(4) and 28(3)(a) – Union citizen born and having resided for over 30 years in the host Member State – Absences from the host Member State – Criminal convictions – Expulsion decision – Imperative grounds of public security Judges: V. Skouris, P Citations: … Continue reading Land Baden-Wurttemberg v Tsakouridis: ECJ 23 Nov 2010
This appeal concerns the rights of so-called ‘Zambrano carers’ and their children to financial support from the state. The appellant, an Algerian national married and had children here, but was refused housing after the break up the marriage. HC challenged the legality of the Regulations, contending that the denial of mainstream welfare and housing provision … Continue reading HC, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 Nov 2017
Reference for preliminary ruling – Freedom of movement for persons – Directive 2004/38/EC – Article 16 – Right of permanent residence – Temporal application – Periods completed before the date of transposition Citations: [2010] EUECJ C-162/09, [2011] AACR 33, [2011] 1 CMLR 31, [2011] All ER (EC) 1169, [2011] Imm AR 134, ECLI:EU:C:2010:592 Links: Bailii … Continue reading Secretary of State for Work and Pensions v Lassal: ECJ 7 Oct 2010
ECJ Request for a preliminary ruling – Directive 2004/38/EC – Article 16(2) and (3) – Right of permanent residence of third-country nationals who are family members of a Union citizen – Taking into consideration of periods of imprisonment of those nationalsHeld: Periods of imprisonment could not be taken into account for the purpose of calculating … Continue reading Onuekwere v Secretary of State For The Home Department: ECJ 16 Jan 2014
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
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
Whether claimant had retained a right of residence. Lord Dyson MR, Sullivan, Sharp LJJ [2015] EWCA Civ 140 Bailii Directive 2004/38/EC 13(2) England and Wales Immigration, European Updated: 28 December 2021; Ref: scu.543274
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
The court considered the occasions on which a court should recommend deportation after completion of a prison sentence and how this might differ between EU and non-EU nationals. Held: Since the 2007 it is not appropriate to recommend deportation of a ‘foreign criminal’ as defined in section 32. The Home Secretary is now under that … Continue reading Regina v Kluxen: CACD 14 May 2010
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
Free movement for those suspected of War Crimes Grand Chamber – Citizenship of The European Union – Right To Move and Reside Freely Within The Territory of The Member States – Restrictions – Judgment – Reference for a preliminary ruling – Citizenship of the European Union – Right to move and reside freely within the … Continue reading K v Staatssecretaris van Veiligheid en Justitie, F v Belgium – Allegations De Crimes De Guerre: ECJ 2 May 2018
AIT 1. Neither the Citizens Directive (2004/38/EC) nor regulation 17(4) of the Immigration (European Economic Area) Regulations 2006 confers on an ‘other family member’ or ‘extended family member’ of an EEA . .
