In Harrison (Jamaica) v Secretary of State for the Home Department [2012] EWCA Civ 1736 the Court of Appeal explores the Advocate General and Court decisions in Zambrano, McCarthy, Dereci and Iida at paragraphs 12 to 30 and is an invaluable and highly recommended summary of the development of the...
On 15th November 2011, the Court of Justice of the European Union handed down its judgment in the case of Dereci (C-256/11). This was a much awaited judgment after the ‘Zambrano and Article 20’ revolution was dampened by McCarthy. Facts The case involved five separate applications. The first three concerned...
There has been a significant decision in the Inner House of the Court of Session – the Scottish equivalent to the Court of Appeal – on the Home Office’s use of language analysis for the determination of origin, or ‘LADO’. The decision allowing the two conjoined appeals both by a...
The decision of the Court of Justice of the European Union in Zambrano requires a lot of explaining. The process of seeking to understand its impact will continue for some time at an EU level and domestically. In Harrison (Jamaica) v Secretary of State for the Home Department [2012] EWCA...
One day, some day, the Immigration (European Economic Area) Regulations 2006 will finally be amended to reflect the UK Border Agency understanding of Zambrano. Until then we will all continue to struggle both on a practical and conceptual level. Zambrano rules that third country nationals can derive a right of...
EEA residence cases Chen [2004] EUECJ C-200/02 – right of residence for parent of self sufficient EEA child in education Metock [2008] EUECJ C-127/08 – prior lawful residence in another EEA state not required to be a family member Ibrahim [2010] EUECJ C-310/08 – children and primary carer of EEA...
I’m currently working on materials for a general immigration update course for HJT Training, taking place this Wednesday, 18th May. Click here to book if you are interested. As well as things I’ve already covered here on Free Movement I’ve learned a few interesting things from reading through Statements of...
The judgment of the Court of Justice of the European Union in the case of Zambrano (C-34/09) may mark the watershed between the history of European Community free movement law and the future of unconditional European Union citizenship rights. Free movement law historically and conceptually depended on two elements: facilitating...
There have been a few quite interesting tribunal determinations recently, which I have overlooked for various reasons. I thought it was high time for a catch up, otherwise I’ll never force myself to sit down and digest them. MJB (Inability to provide protection, JAM) Trinidad & Tobago CG [2010] UKUT...
I’ve just visited the Immigration Museum in Melbourne, Australia. It is based in one of the city’s grand buildings, and one which is tied to the subject matter: the old Customs House. There is an enormous amount of space and the exhibits, text and interactive bits are all very well...
The Office of the Immigration Services Commissioner (OISC) is currently consulting on the regulation of immigration advisers. Or, more accurately, the de-regulation of immigration advisers. It is illegal to give immigration advice in the UK unless the adviser is a member of an exempted profession (mainly solicitors and barristers) or...
