03 Jun 2021 [2021] UKUT 235 (IAC); [2021] Imm AR 1629, UT (Judge Rintoul, Judge Blundell)
31 May 2022 [2022] EWCA Civ 767; [2023] QB 271; [2022] 3 WLR 291; [2023] 1 CMLR 13; [2022] WLR(D) 241, CA (King, Andrews, Whipple LJJ)
15 Dec 2022 (appn dis) [2023] 1 WLR 766, SC(E) (Lord Lloyd-Jones, Lord Leggatt, Lord Burrows JJSC)
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)
[2022] EWCA Civ 767; [2023] QB 271; [2022] 3 WLR 291; [2023] 1 CMLR 13; [2022] WLR(D) 241, CA
Velaj v Secretary of State for the Home Department [2021] UKUT 235 (IAC); [2021] Imm AR 1629, UT
Decision of the Upper Tribunal (Immigration and Asylum Chamber) affirmed.
Velaj v Secretary of State for the Home Department [2022] EWCA Civ 767; [2023] QB 271; [2022] 3 WLR 291; [2023] 1 CMLR 13; [2022] WLR(D) 241, CA
Free Movement
Zambrano applications must be based on facts, not assumptions, says Court of Appeal
Case comment
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