The principles outlined in Barnett and Others (EEA Regulations; rights and documentation) [2012] UKUT 142 are equally applicable to The Immigration (European Economic Area) Regulations 2016. Section 1 of Schedule 1 to these regulations provides that the sole ground of appeal is that the decision breaches the appellant’s rights under the EU Treaties in respect … Continue reading Rehman (EEA Regulations 2016 – Specified Evidence : Pakistan): UTIAC 8 Apr 2019
Judges: Lang DBE J Citations: [2016] EWHC 436 (Admin) Links: Bailii Statutes: Immigration (European Economic Area) Regulations 2006 Jurisdiction: England and Wales Immigration Updated: 25 November 2022; Ref: scu.560727
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 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
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
‘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
Moore-Bick VP CA, Richards, Floyd LJJ [2016] EWCA Civ 14 Bailii Immigration (European Economic Area) Regulations 2006 England and Wales Immigration Updated: 09 January 2022; Ref: scu.558726
(1) In considering a piece of legislation designed to implement European law, a purposive construction should be adopted as set out in Marleasing S.A v LA Commercial Internacional de Alimentacion S.A. [1992] 1 CMLR 305 and applying the principles . .
(1) Judges deciding applications for permission to appeal should ensure that, as a general matter, there is no apparent contradiction between the decision on the application and what is said in the ‘reasons for decision’ section of the document that records the decision and the reasons for it. As was said in Safi and others … Continue reading Isufaj (PTA Decisions/Reasons; EEA Reg 37 Appeals) Albania: UTIAC 12 Aug 2019
The Immigration (European Economic Area) Regulations 2016 (‘the 2016 Regs’) specifically excluded a right of appeal for Extended Family Members (‘EFMs’). The 2016 Regs have been amended pursuant to the Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019, with effect from 29th March 2019, so as to provide EFMs with a right of appeal. … Continue reading Banger (EEA: EFM – Right of Appeal : South Africa): UTIAC 10 Apr 2019
Challenge to deportation Citations: [2018] NIQB 19 Links: Bailii Statutes: Immigration (European Economic Area) Regulations 2016 Jurisdiction: Northern Ireland European, Immigration Updated: 23 October 2022; Ref: scu.636860
Whether having a Zambrano right could assist for purposes of child benefit scheme – effect of regulation 23(4)(b)(i) of Child Benefit (General) Regulations 2006 in 2018 still referring to provisions of the by then revoked Immigration (European Economic Area) Regulations 2006 – whether regulation 23(4)(b)(i) therefore misfired or was `cured’ by Schedule 7 to the … Continue reading The Commissioners for Her Majestys Revenue and Customs v AD: UTAA 10 Dec 2020
1. A person seeking recognition as an ‘extended family member’ (‘EFM’) under regulation 8(2) of the Immigration (European Economic Area) Regulations 2016 must establish a relevant connection with their EEA sponsor in the country of origin, and in the UK. 2. The relevant connection may be through being a dependent of the EEA national sponsor, … Continue reading Sohrab and Others (Continued Household Membership): UTIAC 5 May 2022
Correct interpretation of Regulation 16(5)(c) of the Immigration (European Economic Area) Regulations 2016 (‘the 2016 Regulations’) which defines the circumstances in which a third country national who is the primary carer of a British Citizen (usually, though not invariably, a child) has a derivative right to reside in the UK. The 2016 Regulations ceased to … Continue reading Velaj v Secretary of State for The Home Department: CA 31 May 2022
Admitted false imprisonment in course of operation to detain EEA nationals sleeping rough. Citations: [2019] EWHC 473 (Admin) Links: Bailii Statutes: Immigration (European Economic Area) Regulations 2016 Jurisdiction: England and Wales Torts – Other Updated: 30 May 2022; Ref: scu.634220
A non-European Economic Area national formerly married to an European Economic Area national, who has the right of permanent residence, may rely on that right and is not required to meet the conditions applicable to a ‘family member who has retained the right of residence’ in regulation 10 of the Immigration (European Economic Area) Regulations … Continue reading MS v Secretary of State for Work and Pensions (ESA): UTAA 22 Jul 2020
Judges: John Cavanagh QC DHCJ Citations: [2017] EWHC 1999 (Admin), [2017] 4 WLR 148, [2017] WLR(D) 536 Links: Bailii, WLRD Statutes: Immigration (European Economic Area) Regulations 2016 Jurisdiction: England and Wales Immigration Updated: 29 March 2022; Ref: scu.593603
(1) The Immigration (European Economic Area) Regulations 2016 (‘the EEA Regulations’) were revoked in their entirety on 31 December 2020 by paragraph 2(2) of Schedule 1(1) to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020. (2) Many of the provisions of the EEA Regulations are preserved (although subject to amendment) for the purpose … Continue reading Geci (Eea Regs: Transitional Provisions, Appeal Rights) Albania: UTIAC 29 Sep 2021
Appeal from refusal of applications for permanent residence cards on the basis that they are the family members of a EEA national under Regulation 15(1)(b) of the Immigration (European Economic Area) Regulations 2016. Citations: [2018] UKAITUR EA021622017 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 01 February 2022; Ref: scu.602994
(1) If, on appeal, an issue arises as to whether the removal of a person (P) from the United Kingdom would be unlawful because P is a British citizen, the tribunal deciding the appeal must make a finding on P’s citizenship; just as the tribunal must do so where the consideration of the public interest … Continue reading MS (British Citizenship; EEA Appeals) Belgium: UTIAC 15 Oct 2019
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
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
Claim based on derivative rights to remain in the United Kingdom by RM, who is the adult brother and primary carer of A, an adult British citizen. The claim was made under Regulation 16(5)(c) of the Immigration (European Economic Area) Regulations 2016 Lady Justice Simler [2021] EWCA Civ 1754 Bailii Immigration (European Economic Area) Regulations … Continue reading The Secretary of State for The Home Department v RM (Pakistan): CA 23 Nov 2021
Challenge to power of the SS to detain the claimant a national of the European Economic Area pending a decision to deport. The claimant was a third country national married to an EU national. He was detained pending deportation on the grounds of public policy after criminal convictions. He aid that the pwer granted to … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: Admn 15 Mar 2013
The court was asked whether an EU migrant worker was entitled to the protection of the homelessness provisions of the 1996 Act: ‘he is if he is a migrant worker from another EU country, exercising his EU rights as an Austrian citizen to work in another country. Otherwise he is not.’ Held: His appeal from … Continue reading Samin v City of Westminster: CA 21 Nov 2012
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
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
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
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
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
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
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
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