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 Indian national with no right to remain in the UK cared for his parents, British citizens. P helped with his father’s kidney dialysis, and cared for his immobile mother. Both relied on him. The father’s dialysis medication may not be available in India. The FTT found that P’s father would not return to India with P; instead, he would continue to receive medical treatment in the UK, although that to a lesser quality of life than P’s care. P failed in invoking the Zambrano principle in the courts below and appealed.
S a Pakistani national, was primary carer of his British citizen infant son. S’s wife is a British national. Whilst Mrs S works full-time, S cares for their son. The FTT found that if S returned to Pakistan, Mrs S would accompany him to Pakistan with their child. The FTT and UT therefore found that S was entitled to remain. The CA held that Mrs S could look after the son here, and the requirement for compulsion to leave the UK was not satisfied. S appealed.
Held: S succeeded but not P.
The test of compulsion is thus a practical test to be applied to the actual facts and not to a theoretical set of facts.


Lady Hale, President, Lord Carnwath, Lord Briggs, Lady Arden, Lord Sales


[2019] UKSC 59, [2020] WLR(D) 14, [2020] Imm AR 600, [2020] INLR 350, [2020] 2 All ER 557, [2020] 2 CMLR 12, [2020] 1 WLR 228, UKSC 2018/0006


Bailii, SC Summary, WLRD, SC, SC Summary, SC Summary Video, SC 2019 May 07 am Video, SC 2019


Immigration (European Economic Area) Regulations 2006 15A(4A)


England and Wales


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Lists of cited by and citing cases may be incomplete.


Updated: 16 May 2022; Ref: scu.645794