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
ImmigrationRight to resideNon-EU national Claimant having entered UK as child of EEA national mother applying for presettled status as non-dependant aged over 21Secretary of State refusing applicationWhether claimant’s right to reside conditional upon proof of dependency Parliament and Council Directive 2004/38/EC, art 2 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)

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