The WLR Daily case summaries
[2024] WLR(D) 549
Court of Appeal
Rex (Fatima Ali) v Secretary of State for the Home Department
[2024] EWCA Civ 1546
2024 July 3; Dec 10
Underhill, Singh, Green LJJ
European Union— Freedom of movement— Right to reside— Third-country national claimant entering United Kingdom as child of EU citizen mother and obtaining residence card— Claimant subsequently reaching age of 21 and ceasing to be dependent on mother— Claimant applying for pre-settled status under EU Settlement Scheme during transition period for United Kingdom’s withdrawal from EU— Application refused on basis claimant neither under 21 nor dependent— Whether EU Settlement Scheme correctly reflecting Withdrawal Agreement— Whether claimant's right to reside conditional upon continuing dependency— Whether refusal of claimant’s application irrational—
Parliament and Council Directive 2004/38/EC, arts 2(2), 7(2), 23