Regina v Secretary of State for Home Department Ex Parte Vitale; Regina v Same Ex Parte Do Amaral: QBD 18 Apr 1995

A European Union citizen’s right to stay in UK is not unqualified, he must expect to have to seek or find work. The decision of the Home Secretary could be judicially reviewed and ‘in the course of his appeal before the Social Security Appeal Tribunal Mr. Vitale will be able to argue against the finding that he was not lawfully resident in the United Kingdom.’


Judge J


Times 18-Apr-1995, [1995] All ER (EC) 946


ECTreaty 8a


England and Wales

Cited by:

Appeal fromRegina 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 . .
CitedChief 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 . .
Lists of cited by and citing cases may be incomplete.


Updated: 28 April 2022; Ref: scu.87760