Ali v Secretary of State for the Home Department: CA 3 May 2006

The applicants sought asylum. Their child had a right of residence as a European citizen.
Held: The applicants could not rely upon their child’s right of residence to establish one for themselves.


Lord Justice Keene Lord Justice May Lord Justice Wall


Times 07-Jun-2006, [2006] EWCA Civ 484




England and Wales


CitedRegina v Secretary of State for the Home Department Ex Parte Vitale CA 26-Jan-1996
The appellant, who was an Italian citizen, claimed that Article 8(a) conferred an unlimited right to reside in the United Kingdom.
Held: The court rejected that argument. Staughton LJ said that it was clear that Article 8(a) could not be taken . .
CitedUlrich Hofmann v Barmer Ersatzkasse ECJ 12-Jul-1984
Europa Directive 76/207 is not designed to settle questions concerning the organization of the family, or to alter the division of responsability between parents.
By reserving to member states the right to . .
CitedRegina v Home Secretary, ex parte Sivakumaran HL 16-Dec-1987
The House of Lords were concerned with the correct test to be applied in determining whether asylum seekers are entitled to the status of refugee. That in turn gave rise to an issue, turning upon the proper interpretation of Article 1.A(2) of the . .
CitedWebb v EMO Air Cargo ECJ 14-Jul-1994
Community Law protects women from dismissal during pregnancy save in exceptional circumstances. It was discriminatory to dismiss a female not on a fixed term contract for pregnancy. The Court rejected an interpretation of the Directive that would . .
CitedBaumbast and Another v Secretary of State for the Home Department ECJ 17-Sep-2002
The first applicant, his wife and her children had been granted leave to stay in the UK. At the time the leave was withdrawn the children were settled in schools, and were granted indefinite leave. The second applicant was the mother of children who . .
CitedGrzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve ECJ 20-Sep-2001
ECJ Reference for a preliminary ruling: Tribunal du travail de Nivelles – Belgium. Articles 6, 8 and 8a of the EC Treaty (now, after amendment, Articles 12 EC, 17 EC and 18 EC) – Council Directive 93/96/EEC – . .
CitedDe Hoop ECJ 1998
(year?) The pursuit of education is an activity within the scope of the Treaty, with the result that Article 18 rights of residence apply when a citizen of the European Union is seeking to engage in it. . .
CitedMauthoor v THF Delap and Associates Limited CA 2-Oct-1995
The parties agreed for the transfer of shares. The payment cheque was not honoured. The appellant first claimed an absence of consideration, then sought to amend her defence to say that she had acted under economic duress. Threats had been made as . .
CitedRegina v Immigration Appeal Tribunal, ex parte Antonissen ECJ 26-Feb-1991
ECJ The free movement of workers enshrined in Article 48 of the Treaty entails the right for nationals of Member States to move freely within the territory of the other Member States and to stay there for the . .
CitedBelgian State v Rene Humbel And Marie-Therese Edel (Social Policy) ECJ 27-Sep-1988
So far as a right of residence in order to receive services, so far as a student is concerned the relevant services are limited to those provided for remuneration.
Europa A year of study which is part of a . .
CitedDM Levin v Staatssecretaris Van Justitie ECJ 23-Mar-1982
ECJ The concepts of ‘worker’ and ‘activity as an employed person’ define the field of application of one of the fundamental freedoms guaranteed by the Treaty and, as such, may not be interpreted restrictively.
Lists of cited by and citing cases may be incomplete.

European, Immigration

Updated: 20 December 2022; Ref: scu.241440