Source: All England Reporter
Publisher Citation: [2016] All ER (D) 93 (Jul)
Court: Court of Justice of the European Union (First Chamber)

Judges Silva de Lapuerta (Rapporteur and President), Arabadjiev, Bonichot, Fernlund and Rodin

Judgment Dates: 30 June 2016


Immigration - European Economic Area nationals - Right of residence - Family members - Applicant Secretary of State appealing against decision respondent Pakistani national having right of residence in United Kingdom - Referring court referring questions - Whether third country national divorced from European Union citizen being entitled to retain right of residence where divorce post-dating EU citizen's departure from host member state - Whether third country national having right of residence where EU citizen spouse ceasing residence in host member state before child attending school - Whether minor EU citizen and third country national parent with sole custody having right of residence in host member state where resided since birth - , art 12 - European Parliament and , arts 7(1), 13(2) - Treaty on the Functioning of the European Union, arts 20, 21.

The Case

Immigration European Economic Area nationals. The Court of Justice of the European Union determined preliminary issues concerning the respondent third country national's right of residence in the United Kingdom where she had been the victim of domestic violence by her EU citizen husband and, following the divorce after his departure from the UK, she had sole custody of the EU citizen children.

Practice Areas

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