Source: All England Reporter
Publisher Citation: [2009] All ER (D) 151 (Oct)
Neutral Citation: [2009] EWCA Civ 1060
Court: Court of Appeal, Civil Division

Rix, Wall and Aikens LJJ

Representation Richard Drabble QC and Alan Briddock (instructed by Fisher Meredith) for the claimant.
  Robert Palmer (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 15 October 2009


Immigration - Appeal - Asylum and Immigration Tribunal - Claimant Afghan national - Claimant entering United Kingdom and leaving in 2006 after exhausting various avenues of appeal of asylum application - Claimant meeting Polish national and living with her and her son whilst in UK - Claimant moving to Pakistan - Polish national issued with Accession State Worker Registration Card pursuant to relevant regulation - Polish national travelling to Pakistan and marrying claimant - Claimant applying to UK High Commission in Pakistan for EEA Family Permit to rejoin wife in UK - Entry clearance officer refusing application concluding 'pivotal' factor in claimant's decision to marry sponsor being her location in UK - Claimant's appeal dismissed - Claimant's case reconsidered in light of European authority - Judge upholding previous decision - Whether judge erring - Immigration (European Economic Area) Regulations 2006, SI 2006/1003, Regs 6, 12 - Council and Parliament Directive (EC) 2004/38

The Case

Immigration Appeal. The Court of Appeal, Civil Division, allowed an appeal by the claimant, pursuant to s103B of the (the 2002 Act), against the decision of the Asylum and Immigration Tribunal (AIT) to dismiss his appeal against the refusal by an ECO in Islamabad of the claimant's application for an European Economic Area family permit (EEA family permit) under reg12(1) of the Immigration (European Economic Area) Regulations 2006, in light of the decision in Metock v Minister for Justice, Equality and Law Reform (Ireland).

Practice Areas

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