Source: All England Reporter
Publisher Citation: [2015] All ER (D) 48 (Nov)
Neutral Citation: [2015] EWCA Civ 1109
Court: Court of Appeal, Civil Division
Judge:

Laws, Kitchin and Christopher Clarke LJJ

Representation Rembert de Mello and Jessica Smeaton (instructed by David Tang & Co) for the respondent.
  Benjamin Lask (instructed by the Government Legal Department) for the ECO.
Judgment Dates: 4 November 2015

Catchwords

European Union - Freedom of movement - Adopted children - Respondent being Algerian national adopted in Algeria by French nationals living in United Kingdom - Respondent being denied EEA family permit to enter UK as family member of EEA national exercising free movement rights - Upper Tribunal (Immigration and Asylum Chamber) allowing respondent's appeal and determining her to be 'extended family member' - Whether respondent being 'family member' or 'extended family member' - Immigration (European Economic Area) Regulations 2006, , - Parliament and , arts 2, 3.

The Case

European Union Freedom of movement. The Court of Appeal, Civil Division, allowed an appeal by the Entry Clearance Officer against a decision of the Upper Tribunal (Immigration and Asylum Chamber) that had determined that a child adopted in Algeria was an 'extended family member' within the meaning of reg8 of the Immigration (European Economic Area) Regulations 2006, SI21006-1003, and therefore entitled to be issued with an EEA family member permit to enter the United Kingdom. The court held that she was not a family member within the meaning of art2 of Parliament and and reg7 of the Regulations and, consequently, she did not fall within art3 of the Directive read together with reg8 of the Regulations.

Practice Areas

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