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Secretary of State for The Home Department v Vomero (Italy): SC 27 Jul 2016

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

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

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

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

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

Land Baden-Wurttemberg v Tsakouridis: ECJ 23 Nov 2010

(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

HC, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 Nov 2017

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

Secretary of State for Work and Pensions v Lassal: ECJ 7 Oct 2010

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

Onuekwere v Secretary of State For The Home Department: ECJ 16 Jan 2014

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

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

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

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

Regina v Kluxen: CACD 14 May 2010

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

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

K v Staatssecretaris van Veiligheid en Justitie, F v Belgium – Allegations De Crimes De Guerre: ECJ 2 May 2018

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