Zhu, Chen v Secretary of State for the Home Department: ECJ 19 Oct 2004

ECJ (Free Movement of Persons) Right of residence – Child with the nationality of one Member State but residing in another Member State – Parents nationals of a non-member country – Mother’s right to reside in the other Member State. The applicant girl though of Chinese origin, had been born in Ireland, and therefore entitled to an Irish passport. She was able to live in the UK because of the family’s independent resources, and her mother as her carer could live here also. Any judgement as to the mother’s motives was not relevant. ‘Moreover, the limitations and conditions referred to in Article 18 EC and laid down by Directive 90/364 are based on the idea that the exercise of the right of residence of citizens of the Union can be subordinated to the legitimate interests of the member States. Thus, although, according to the fourth recital in the preamble to Directive 90/364, beneficiaries of the right of residence must not become an ‘unreasonable’ burden on the public finances of the host Member State, the Court nevertheless observed that those limitations and conditions must be applied in compliance with the limits imposed by Community law and in accordance with the principle of proportionality.’
Times 21-Oct-2004, C-200/02, [2004] EUECJ C-200/02, [2004] ECR 1-9925
Cited by:
CitedW (China) and X (China) v Secretary of State for the Home Department CA 9-Nov-2006
The claimants had entered England unlawfully, fleeing from China, then moved to Ireland and then back to England with their new born child, and claimed asylum. The court considered how the position of their child affected the parents.
Held: To . .
CitedPedro v Secretary of State for Work and Pensions CA 14-Dec-2009
The claimant, an EU national, came to the UK to join her son. He had worked but became dependent on benefits. She sought payment of the State Pension.
Held: A refusal to pay the pension would dissuade workers from moving around within the EU, . .
CitedWightman and Others v Secretary of State for Exiting the European Union ECJ 10-Dec-2018
Art 50 Notice withrawable unilaterally
Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – Conditions
The . .

These lists may be incomplete.
Updated: 08 February 2021; Ref: scu.216606