The Weekly Law Reports
[2024] 1 WLR 1409
King’s Bench Division
*Rex (Fatima Ali) v Secretary of State for the Home Department
[2023] EWHC 1615 (Admin)
2023 April 25; June 30
Lane J
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—
Immigration Rules, Appendix EU
—
Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community
, art 17(2)
—
Parliament and Council Directive 2004/38/EC, arts 2(2), 7(2), 14(2)