Search Results for: Immigration (EEA) Regulations 2006

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Babajanov (Continuity of Residence – Immigration (EEA) Regulations 2006) Azerbaijan: UTIAC 3 Oct 2013

(1) The right of permanent residence under regulation 15 of the Immigration (European Economic Area) Regulations 2006 is capable of being established whilst a national of a Member State or a family member of that national is outside the host country. (2) Leaving aside military service, the reasons for that absence must come within regulation … Continue reading Babajanov (Continuity of Residence – Immigration (EEA) Regulations 2006) Azerbaijan: UTIAC 3 Oct 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

HS (EEA: Revocation and Retained Rights) Syria: UTIAC 13 Apr 2011

UTIAC 1. Where the Secretary of State revokes a residence card before the expiry of its validity it falls on her to justify such revocation.2. Regulation 10 of Immigration (EEA) Regulations 2006 requires the applicant to demonstrate that: a genuine marriage has lasted three years and the couple have spent one year together in the … Continue reading HS (EEA: Revocation and Retained Rights) Syria: UTIAC 13 Apr 2011

Holownia v Secretary of State for The Home Department: Admn 3 Apr 2019

Quantum of damages for admitted unlawful detention of the Claimant. The Claimant is one of a number of individuals who are part of a cohort of European Economic Area ‘rough sleeper’ cases. He was unlawfully detained pursuant to the Defendant’s policy of issuing removal papers to, and detaining, EEA nationals who were alleged to be … Continue reading Holownia v Secretary of State for The Home Department: Admn 3 Apr 2019

Gabor, Regina (on The Application of) v Secretary of State for The Home Department (Reg 29Aa: Interpretation): UTIAC 25 Oct 2016

1. An application for Temporary Admission pursuant to reg 29AA of the Immigration (EEA) Regulations 2006 must be granted unless the applicant’s appearance may cause serious troubles to public policy or public security. Proportionality is not the test, and the cost of facilitating the applicant’s appearance is not a relevant consideration. The test is whether … Continue reading Gabor, Regina (on The Application of) v Secretary of State for The Home Department (Reg 29Aa: Interpretation): UTIAC 25 Oct 2016

Oksuzoglu (EEA Appeal – ‘New Matter’): UTIAC 17 Oct 2018

(1) By virtue of schedule 2(1) of the Immigration (EEA) Regulations 2016 (‘the 2016 Regs’) a ‘new matter’ in section 85(6) of the Nationality, Immigration and Asylum Act 2002 includes not only a ground of appeal of a kind listed in section 84 but also an EEA ground of appeal. (2) The effect of the … Continue reading Oksuzoglu (EEA Appeal – ‘New Matter’): UTIAC 17 Oct 2018

TA and Others (Kareem Explained): UTIAC 18 Jun 2014

Following the decision in Kareem (proxy marriages – EU law) [2014] UKUT 24, the determination of whether there is a marital relationship for the purposes of the Immigration (EEA) Regulations 2006 must always be examined in accordance with the laws of the Member State from which the Union citizen obtains nationality. Citations: [2014] UKUT 316 … Continue reading TA and Others (Kareem Explained): UTIAC 18 Jun 2014

LG (Italy) v Secretary of State for the Home Department: CA 18 Mar 2008

[2008] EWCA Civ 190 Bailii Immigration (EEA) Regulations 2006 England and Wales Cited by: Cited – 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 … Continue reading LG (Italy) v Secretary of State for the Home Department: CA 18 Mar 2008

Kunwar (EFM – Calculating Periods of Residence): UTIAC 28 Dec 2018

(1) An ‘extended family member’ (‘EFM’) of an EEA national exercising Treaty rights in the UK (such as a person in a durable relationship) has no right to reside in the UK under the Immigration (EEA) Regulations until he or she is issued with the relevant residence documentation under reg 17(4) of the 2006 Regulations … Continue reading Kunwar (EFM – Calculating Periods of Residence): UTIAC 28 Dec 2018