UTIAC (i) The rationale of the decision in R v Immigration Appeal Tribunal and Surinder Singh ex parte Secretary of State for the Home Department [1992] ECR I-4265 is formed by two principles, namely the principle of the efficacious enjoyment of Treaty rights and the principle of non-discrimination.
(ii) These are the two principles to which Tribunals must have particular regard in deciding cases in which the appellant does not satisfy any of the provisions of the Immigration (European Economic Area) Regulations.
(iii) The co-existence of the decision in Surinder Singh with Directive 2004/38/EC (‘the Citizens Directive’) raises questions which may require to be determined in some appropriate future case.
President, The Hon. Mr Justice McCloskey, Upper Tribunal Judge Reeds
[2015] UKUT 593 (IAC)
Bailii
England and Wales
Immigration
Updated: 17 January 2022; Ref: scu.565365
