The Weekly Law Reports
[2022] 3 WLR 291
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 father of British citizen child claiming derivative right to reside in United Kingdom on basis child would be unable to reside in United Kingdom if father left United Kingdom indefinitely— Child’s mother giving evidence that she would remain in United Kingdom if father left— Whether father having derivative right to reside— Whether Regulations requiring decision-maker to assume that mother would leave United Kingdom—
Immigration (European Economic Area) Regulations 2016 (SI 2016/1052), reg 16(5)(c)