The WLR Daily case summaries
[2022] WLR(D) 241
Court of Appeal
Velaj v Secretary of State for the Home Department
[2022] EWCA Civ 767
2022 May 17; 31
King, Andrews, Whipple LJJ
European Union— Immigration— Right to reside— Third-country national parent of United Kingdom citizen child subject to deportation order— Parent asserting derivative right to reside as primary carer of child who would be unable to continue residing in United Kingdom— Whether decision-maker required to make purely theoretical and potentially counterfactual assumption when determining whether person having derivative right to reside— Whether nuanced fact-specific inquiry appropriate— Whether national’s deportation proportionate—
Immigration (European Economic Area) Regulations 2016
(SI 2016/1052), reg 16(5)(c)