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Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006

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

SY and others (EEA Regulation 10, Dependancy Alone Insufficient) Sri Lanka: IAT 7 Mar 2006

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

DA (EEA, Revocation of Residence Document) Algeria: IAT 9 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

Badewa (SS 117A-D and EEA Regulations): UTIAC 29 May 2015

UTIAC The correct approach to be applied by tribunal judges in relation to ss.117A-D of the Nationality, Immigration and Asylum 2002 (as amended) in the context of EEA removal decisions is: (i) first to decide if a person satisfies requirements of the Immigration (European Economic Area) Regulations 2006. In this context ss.117A-D has no application; … Continue reading Badewa (SS 117A-D and EEA Regulations): UTIAC 29 May 2015

Ahmed (Amos; Zambrano; Reg 15A, (C) 2006 EEA Regs) Pakistan (Rev 1): UTIAC 28 Feb 2013

UTIAC 1. The spouse of an EEA national/Union citizen does not acquire a retained right of residence upon divorce unless the EEA national was in the United Kingdom and exercising Treaty rights at the date of the lawful termination of the marriage: Amos [2011] EWCA Civ 552 followed.2. The principles established by the Court of … Continue reading Ahmed (Amos; Zambrano; Reg 15A, (C) 2006 EEA Regs) Pakistan (Rev 1): UTIAC 28 Feb 2013

Barry v London Borough of Southwark: CA 19 Dec 2008

The claimant a citizen of the Netherlands, appealed against the refusal to grant him housing assistance. He had been unemployed save for taking casual work during the Wimbledon championships, but the Authority had denied that he was a worker. He had also suffered an injury preventing him working. Held: The appeal succeeded. The term ‘worker’ … Continue reading Barry v London Borough of Southwark: CA 19 Dec 2008

McCarthy v Secretary of State for the Home Department: CA 11 Jun 2008

The claimant sought leave to appeal against refusal of a residence permit. She was a citizen both of Ireland and the UK. Her husband was Jamaican and had been refused a residence permit and card. The claimant said that the AIT had not properly considered her own dual nationality. Citations: [2008] EWCA Civ 641 Links: … Continue reading McCarthy v Secretary of State for the Home Department: CA 11 Jun 2008

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

AG and others (EEA-Jobseeker-Self-Sufficient Person-Proof) Germany: IAT 3 Aug 2007

IAT (i) To qualify as a ‘jobseeker’ under reg 6(1)(a) of the Immigration (European Economic Area) Regulations 2006 (SI 2006/1003) an EEA national must meet all three requirements set out at reg 6(4), including that he be a person who entered the United Kingdom in order to seek employment.(ii) A person who is a jobseeker … Continue reading AG and others (EEA-Jobseeker-Self-Sufficient Person-Proof) Germany: IAT 3 Aug 2007

MS (Malaysia) v Secretary of State for The Home Department: CA 9 Apr 2019

The court was asked whether the adult primary carer of her EU citizen parent can acquire a derivative right to remain in the United Kingdom based on her parent’s dependency on her for her care. Judges: Underhill VP, Floyd, Holroyde LJJ Citations: [2019] EWCA Civ 580 Links: Bailii Statutes: Immigration (European Economic Area) Regulations 2006 … Continue reading MS (Malaysia) v Secretary of State for The Home Department: CA 9 Apr 2019

Byczek and Another, Regina (on The Application of) v Secretary of State for The Home Department: Admn 19 Dec 2014

Whether the Immigration (European Economic Area) Regulations 2006 (S.I. 2006 No. 1003) (‘The EEA Regulations’) provide a lawful basis for denying the Claimants the rights they would have were they non-EEA citizens (i) to apply whilst in the United Kingdom for revocation of the deportation orders made against them, and (ii) to appeal whilst in … Continue reading Byczek and Another, Regina (on The Application of) v Secretary of State for The Home Department: Admn 19 Dec 2014

Patel v Secretary of State for The Home Department: SC 16 Dec 2019

Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union citizenship rights on removal of the TCN parent from the EU. P an … Continue reading Patel v Secretary of State for The Home Department: SC 16 Dec 2019

Connell, Regina (on The Application of) v Secretary of State for The Home Department: CA 15 Jun 2018

This appeal concerns the relationship between the deportation provisions of the UK 2007 Act, the provisions relating to deportation of EEA nationals contained in the 2006 Regulations, and the Secretary of State’s policy relating to deportation of Irish nationals. Citations: [2018] EWCA Civ 1329 Links: Bailii Statutes: Borders Act 2007, Immigration (European Economic Area) Regulations … Continue reading Connell, Regina (on The Application of) v Secretary of State for The Home Department: CA 15 Jun 2018

Ahmad (Scope of Appeals) Pakistan: UTIAC 23 Jan 2018

(1) A notice of removal window (Form RED.0004 (fresh)) is not an EEA decision for the purposes of the Immigration (European Economic Area) Regulations 2006. The notice cannot accordingly be appealed under those Regulations. Even if it could constitute a decision, the notice of removal window will constitute an EEA decision only if it concerns … Continue reading Ahmad (Scope of Appeals) Pakistan: UTIAC 23 Jan 2018

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

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

Kamki v The Secretary of State for The Home Department: CA 31 Oct 2017

Immigration case concerning the proposed deportation of the appellant, who has a right of permanent residence in the UK. Judges: Sals, Newey LJJ Citations: [2017] EWCA Civ 1715 Links: Bailii Statutes: Immigration (European Economic Area) Regulations 2006 Jurisdiction: England and Wales European, Immigration Updated: 01 April 2022; Ref: scu.598465

Amirteymour v The Secretary of State for The Home Department: CA 10 May 2017

This appeal is concerned with the extent to which an individual appealing to the First-tier Tribunal (‘FTT’) against a decision of the Secretary of State to refuse to issue a derivative residence card under the Immigration (European Economic Area) Regulations 2006 (‘the EEA Regulations’) is entitled to introduce a distinct human rights claim for leave … Continue reading Amirteymour v The Secretary of State for The Home Department: CA 10 May 2017

Awuku v Secretary of State for The Home Department: CA 23 Mar 2017

Appeal by Mr Awuku against a decision allowing the Secretary of State’s appeal against a decision allowing an appeal against the decision of the Secretary of State for the Home Department refusing the appellant’s application for a residence card as a confirmation of a right to reside in the United Kingdom on the ground that … Continue reading Awuku v Secretary of State for The Home Department: CA 23 Mar 2017

Gauswami (Retained Right of Residence, Jobseekers): UTIAC 19 Jul 2018

For the purposes of determining retained rights of residence, in regulation 10(6)(a) of both the Immigration (European Economic Area) Regulations 2006 and the Immigration (European Economic Area) Regulations 2016, the reference to a worker includes a jobseeker. Citations: [2018] UKUT 275 (IAC) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 01 February 2022; Ref: scu.628732

Jarusevicius (EAA Reg 21 – Effect of Imprisonment) Lithuania: UTIAC 17 Apr 2012

1. In order to acquire a right of permanent residence under regulation 15 of the Immigration (European Economic Area) Regulations 2006 and the Citizens Directive 2004/38/EC a person had to show five years lawful residence within the meaning of EU law. 2. On the present state of the authorities, a period in prison does not … Continue reading Jarusevicius (EAA Reg 21 – Effect of Imprisonment) Lithuania: UTIAC 17 Apr 2012

Tm (Eea Nationals – Meaning; Ni Practitioners : Zimbabwe): UTIAC 14 Mar 2017

1. Schedule 1, paragraph 1 (d) of the Immigration (European Economic Area) (Amendment) Regulations 2012 (SI 2012/1547) amended the definition of EEA national to exclude those who are also British Citizens, but that change was subject to the transitional provisions set out in Schedule 3 of those regulations. Similar provisions were added to the Immigration … Continue reading Tm (Eea Nationals – Meaning; Ni Practitioners : Zimbabwe): UTIAC 14 Mar 2017

Kasicky, Regina (on The Application of) v Secretary of State for The Home Department (Reg 29Aa: Interpretation) (IJR): UTIAC 28 Jan 2016

In reg 29AA(3) of the Immigration (European Economic Area) Regulations 2006, the word ‘appearance’ refers to P’s formal presence at his appeal. In ascertaining whether the exception in reg 29AA applies, the possibility of managing risk by detention or conditions is a factor to be taken into account. Citations: [2016] UKUT 107 (IAC) Links: Bailii … Continue reading Kasicky, Regina (on The Application of) v Secretary of State for The Home Department (Reg 29Aa: Interpretation) (IJR): UTIAC 28 Jan 2016

Santos, Regina (on The Application of) v Secretary of State for The Home Department: Admn 23 Mar 2016

‘The Claimant applies for judicial review of the Defendant’s failure to issue him with an EEA residence card, pursuant to the Immigration (European Economic Area) Regulations 2006 (‘the EEA Regulations 2006’) and Directive 2004/38/EC (‘the Directive’), and the Defendant’s decision to detain him between January and June 2012, with a view to removing him from … Continue reading Santos, Regina (on The Application of) v Secretary of State for The Home Department: Admn 23 Mar 2016

Secretary of State for The Home Department v Straszewski: CA 3 Dec 2015

Appeals by the Secretary of State against decisions of the Upper Tribunal raising questions concerning the application of Regulation 21 of the 2006 Regulations. Moore-Bick VP CA, Davis, Sharp LJJ [2015] EWCA Civ 1245 Bailii Immigration (European Economic Area) Regulations 2006 England and Wales Immigration, European Updated: 07 January 2022; Ref: scu.556459

TY (Sri Lanka) v The Secretary of State for The Home Department: CA 1 Dec 2015

‘appeal against a decision of the Upper Tribunal that (i) the appellant has no derivative right to remain in the United Kingdom under the Immigration (European Economic Area) Regulations 2006 (‘the EEA Regulations’) and (ii) in the context of the appellant’s appeal under the EEA Regulations the Upper Tribunal had no jurisdiction to consider a … Continue reading TY (Sri Lanka) v The Secretary of State for The Home Department: CA 1 Dec 2015

Weldemichael and Another (St Prix C-507/12; Effect): UTIAC 23 Sep 2015

ECJ An EEA national woman will retain continuity of residence for the purposes of the Immigration (European Economic Area) Regulations 2006 (the 2006 EEA Regulations) for a period in which she was absent from working or job-seeking owing to the physical constraints of the late stages of pregnancy and the aftermath of childbirth if, in … Continue reading Weldemichael and Another (St Prix C-507/12; Effect): UTIAC 23 Sep 2015

SM (Algeria) v Entry Clearance Officer, UK Visa Section: SC 14 Feb 2018

The Court was asked two questions, first as to its jurisdiction according to the meaning of an ‘EEA Decision’ within the 2006 Regulations, and second as to the position under the Directive of a child who is a third country national but has been placed in the legal guardianship of European Union citizens under the … Continue reading SM (Algeria) v Entry Clearance Officer, UK Visa Section: SC 14 Feb 2018

Yusuf (EEA – Ceasing To Be A Jobseeker; Effect): UTIAC 15 Jul 2015

An individual who has acquired the status of worker for the purposes of article 45 (ex Article 3) TFEU) (and thus regulation 4 (1) (a) of the Immigration (European Economic Area) Regulations 2006) only through being a jobseeker, who is a qualified person under regulation 6(1)(a), does not retain the status of worker on ceasing … Continue reading Yusuf (EEA – Ceasing To Be A Jobseeker; Effect): UTIAC 15 Jul 2015

Imafidon v Secretary of State for The Home Department: Admn 7 Apr 2015

Claim for judicial review of decisions of the defendant in 2013 to detain and remove the claimant, a national of Nigeria born on 5 April 1962, during a period whilst he was seeking to obtain residence rights in the UK pursuant to the Immigration (European Economic Area) Regulations 2006 Alice Robertson HHJ [2015] EWHC 1790 … Continue reading Imafidon v Secretary of State for The Home Department: Admn 7 Apr 2015

A, Re Judicial Review: QBNI 26 Jun 2015

AIT The applicant seeks judicial review in respect of part of a decision (‘the impugned decision’) by the Secretary of State for the Home Department (‘the respondent’ or ‘the SOSHD’) dated 20 November 2014, contained in a decision letter of that date, whereby the respondent certified his removal from the UK (‘the certification decision’) pending … Continue reading A, Re Judicial Review: QBNI 26 Jun 2015

SM (Algeria) v Entry Clearance Officer, UK Visa Section: CA 4 Nov 2015

The Entry Clearance Officer appealed from a decision that a child assigned to be under guardianship under the Islamic ‘kefalah’ system in her own country was to be treated on the basis that she did fall within the definition of ‘extended family member’ under regulation 8. The case was therefore returned to the Secretary of … Continue reading SM (Algeria) v Entry Clearance Officer, UK Visa Section: CA 4 Nov 2015

Miah (Interviewer’s Comments: Disclosure: Fairness): UTIAC 10 Nov 2014

UTAA Conduct of pre-decision interviews (i) A decision that a marriage is a marriage of convenience for the purposes of regulation 2(1) of the Immigration (European Economic Area) Regulations 2006 is a matter of some moment. Fairness requires that the affected person must be alerted to the essential elements of the case against him. (ii) … Continue reading Miah (Interviewer’s Comments: Disclosure: Fairness): UTIAC 10 Nov 2014

MA and SM (Zambrano : EU Children Outside EU) Iran: UTIAC 19 Jul 2013

UTIAC (1) In EU law terms there is no reason why the decision in Zambrano could not in principle be relied upon by the parent, or other primary carer, of a minor EU national living outside the EU as long as it is the intention of the parent, or primary carer, to accompany the EU … Continue reading MA and SM (Zambrano : EU Children Outside EU) Iran: UTIAC 19 Jul 2013

Vassallo (Qualifying Residence; Pre-UK Accession): UTIAC 11 Apr 2014

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

Bali (Family Member: 3 Month Visit : Syria): UTIAC 28 Oct 2013

UTIAC A non – EEA national family member travelling to the United Kingdom accompanied by the EEA national family member concerned for the purpose of a visit of not more than three months’ duration is entitled to enter, pursuant to regulations 11(2), 12(1) and 13(1) and (2) of the Immigration (European Economic Area) Regulations 2006, … Continue reading Bali (Family Member: 3 Month Visit : Syria): UTIAC 28 Oct 2013

IA198882013: UTIAC 13 Jun 2014

The appellant sought the issue of a residence card in accordance with the provisions of the Immigration (European Economic Area) Regulations 2006 on the basis that he was the spouse of an EEA citizen exercising her treaty rights. [2014] UKAITUR IA198882013 Bailii Immigration (European Economic Area) Regulations 2006 England and Wales Immigration Updated: 16 December … Continue reading IA198882013: UTIAC 13 Jun 2014

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

Boodhoo (EEA Regs: Relevant Evidence) Mauritius: UTIAC 18 Jul 2013

UTIAC (1) Neither section 85A of the Nationality, Immigration and Asylum Act 2002 nor the guidance in DR (Morocco)* [2005] UKAIT 38 regarding a previous version of section 85(5) of that Act has any bearing on an appeal under the Immigration (European Economic Area) Regulations 2006. In such an appeal, a tribunal has power to … Continue reading Boodhoo (EEA Regs: Relevant Evidence) Mauritius: UTIAC 18 Jul 2013

Shabani v Secretary of State for The Home Department (EEA – Jobseekers; Nursery Education): UTIAC 24 Jun 2013

UTIAC 1. Although the question whether Article 7(3) of Directive 2004/38/EC deals exhaustively with the circumstances in which a jobseeker can retain the status of a worker in EU law has been held by the Supreme Court in Saint Prix v Secretary of State for Work and Pensions [2012] UKSC 49 to require a reference … Continue reading Shabani v Secretary of State for The Home Department (EEA – Jobseekers; Nursery Education): UTIAC 24 Jun 2013

Idezuna (EEA -Permanent Residence) Nigeria: UTIAC 24 Jan 2012

UTIAC 1) Typically, the focus in EEA appeals involving family members is on either or both (i) the nature of the relationship with the EEA national/Union citizen; and (ii) the question of whether the EEA national/Union citizen has been exercising Treaty rights in the UK over the relevant period. What constitutes the relevant period, however, … Continue reading Idezuna (EEA -Permanent Residence) Nigeria: UTIAC 24 Jan 2012

Ayinde and Thinjom (Carers – Reg15A – Zambrano): UTIAC 13 Aug 2015

UTIAC (i) The deprivation of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizens identified in the decision in Zambrano [2011] EUECJ C-34/09 is limited to safeguarding a British citizen’s EU rights as defined in Article 20. (ii) The provisions of reg. 15A of the Immigration (European … Continue reading Ayinde and Thinjom (Carers – Reg15A – Zambrano): UTIAC 13 Aug 2015

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

Acts

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Chief Adjudication Officer v Wolke; Remelien v Secretary of State for Social Security: HL 13 Nov 1997

The claimant was an EC national who had become resident here but was not seeking work, since she cared for her children. The Secretary of State said that since she was not seeking work, she was not entitled to remain and should make arrangements to leave the UK. Held: The letter asking a claimant to … Continue reading Chief Adjudication Officer v Wolke; Remelien v Secretary of State for Social Security: HL 13 Nov 1997

Macastena v Secretary of State for The Home Department: CA 5 Jul 2018

This appeal raises the question whether time spent by a man in a durable relationship with a woman who is an EEA national with a permanent right of residence in the United Kingdom can be added to subsequent time as a spouse to meet the requirement of 5 years continuous lawful residence before the man … Continue reading Macastena v Secretary of State for The Home Department: CA 5 Jul 2018

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

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