At issue was a decision of the Home Secretary to deport on grounds of public policy a foreign national married to an EU national with a right of establishment in the United Kingdom. The substantive issue was whether the decision of the IAT to uphold the adjudicator’s rejection of an appeal against a decision to … Continue reading Machado v Secretary of State for the Home Deptment: CA 19 May 2005
The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The applicants said this was discriminatory and infringed their human rights. Held: Legislation which prevented marriages of convenience between aliens and … Continue reading Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006
IAT A serving prisoner is not a worker for the purposes of the Immigration (European Economic Area) Regulations 2000 or 2006 and a spouse is not, therefore, entitled to a residence card. Citations: [2006] UKAIT 00066 Links: Bailii Immigration Updated: 07 July 2022; Ref: scu.245049
IAT LS (EEA Regulations 2000 – Meaning of ‘Dependant’) Sri Lanka [2005] UKAIT 00132 is not authority for the proposition that, once a person has shown that he is dependent on an EEA national or his spouse, the person concerned is entitled without more to an EEA family permit or a residence document, as the … Continue reading SY and others (EEA Regulation 10, Dependancy Alone Insufficient) Sri Lanka: IAT 7 Mar 2006
IAT Where a qualified person within the meaning of the Immigration (European Economic Area) Regulations 2000 leaves the United Kingdom, it is not inconsistent with relevant EU law for the United Kingdom to make provision for revocation of the residence document of the family member of the qualified person, as set out in Regulation 22(2)(b)(ii). … Continue reading DA (EEA, Revocation of Residence Document) Algeria: IAT 9 Mar 2006
UTIAC (1) A person may acquire qualifying residence for the purposes of exercising Treaty rights in respect of periods of residence arising before the UK became part of the European Community on 1 January 1973. (2) Similarly, a person may acquire qualifying residence in respect of periods of residence arising before the implementation of the … Continue reading Vassallo (Qualifying Residence; Pre-UK Accession): UTIAC 11 Apr 2014
The claimant entered the UK as a student coming from Poland. She then worked as a kitchen maid, but having left that job on becoming a mother was refused income support. She later returned to work. She said that the rules which denied her benefit were inconsistent with articles 12 (discrimination on the grounds of … Continue reading Kaczmarek v Secretary of State for Work and Pensions: CA 27 Nov 2008
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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
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
AIT (1) Until 30 April 2006, the rights of Polish nationals admitted to the United Kingdom under the Polish Association Agreement before Poland’s accession to the EU on 1 May 2004 were governed by paragraph 255B . .
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