UPDATE: correct link added for training notes Omotunde (best interests – Zambrano applied – Razgar) Nigeria [2011] UKUT 00247 (IAC) This case has already been mentioned on the blog but a closer look is warranted as it gives an idea of how the domestic courts are applying the principles in...
In countless Home Office decisions, and in judgments at all levels of the courts system, separation of family members for immigration reasons is – at least in part – justified by the availability of “modern means of communication”. It is a phrase that has become almost invisible to immigration practitioners,...
The judgment in Zambrano, and the following cases mentioned in the previous unit make it clear that EU member states have to allow primary carers of EU nationals to remain in their territory if not doing so would compel EU nationals to leave. How is compulsion assessed, then? The courts...
Making an immigration application for clients is all in a day’s work, but working on your own wife’s visa is enough to reduce even an expert to tears, writes an anonymous Free Movement contributor. While courting my wife during a sabbatical abroad, I would worry about things like whether I...
The Upper Tribunal has addressed Zambrano in several determinations. We look at these in turn in chronological order (oldest first). Page contentsOmotundeSanadeMA and SMAyinde and Thinjom Omotunde In Omotunde (best interests – Zambrano applied – Razgar) Nigeria [2011] UKUT 00247 (IAC) the then President of the Tribunal held that Zambrano must be engaged with in...
On 15th November 2011, the Court of Justice of the European Union (‘the CJEU’) 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 (see here for previous posts in relation to Zambrano and here for McCarthy). As a quick reminder, Article 20(1) of the TFEU, with which...
The legal luggage carousel of the tribunal’s reporting committee has deposited a large batch of new cases in the arrivals hall of BAILII. Some of these cases are interesting, others perhaps a little less so. The more interesting include a couple of cases on the availability of funds in Tier...
