All Articles: CJEU

Subsidiary protection for people intentionally deprived of healthcare

In the case of C-353/16 MP v Secretary of State for the Home Department, decided yesterday, the Court of Justice of the European Union has found that A person who has in the past been tortured in his country of origin is eligible for ‘subsidiary pro ...

25th April 2018 By

The European Court of Justice could extend Surinder Singh rights to unmarried partners

On 10 April 2018, Advocate General Bobek delivered his Opinion in C-89/17 Secretary of State for the Home Department v Banger, following a reference made to the Court of Justice of the European Union, by the former President of the Upper Tribunal, McC ...

19th April 2018 By

No permanent residence, no enhanced protection from deportation

Six months after the release of the Advocate General’s non-binding Opinion in the joined cases of C-316/16 B v Land Baden-Württemberg and C-424/16 Secretary of State for the Home Department v Franco Vomero, the Court of Justice of the Euro ...

17th April 2018 By

Court of Justice clarifies Dublin III transfer procedure

When an asylum seeker returns to an EU member state they’ve previously been transferred from under the Dublin III regulation, how should their application for international protection be processed? The Court of Justice of the European Union in C-160 ...

30th January 2018 By

No psychological tests on gay asylum seekers, Court of Justice rules

In today’s case of C‑473/16 F v Bevándorlási és Állampolgársági Hivatal, the Court of Justice of the European Union ruled that national authorities may not prepare and use psychologists’ expert reports to assess the sexual identi ...

25th January 2018 By

Self-employed EU citizens who fall out of work retain worker status

When a self-employed EU citizen falls on hard times in another member state and stops working, do they retain their status as a worker? Since 2010, English courts have said they do not. In a case with wide implications for residence and social securit ...

22nd December 2017 By

Court of Justice finds EU citizens retain free movement rights after naturalisation in host state

The Court of Justice of the European Union has found in the case of C-165/16 Lounes that EU citizens who move to the UK and later naturalise as British retain their free movement rights under EU law even though they have become British. The court h ...

14th November 2017 By

AG: permanent residence needed before ‘enhanced protection’ kicks in

Today saw the release of the Advocate General’s Opinion in the Court of Justice of the European Union (CJEU) joined cases of C-316/16 B v Land Baden-Württemberg and C-424/16 Secretary of State for the Home Department v Franco Vomero. The issue ...

24th October 2017 By

CJEU on registration certificates and exclusion orders: implications for practice

Ovidiu-Mihaita Petrea emigrated from Romania to Greece, ready to build a new life there. However, he made a big mistake: he committed robbery and was sentenced by a Greek criminal court in 2011. The case is C-184/16 Ovidiu-Mihăiţă Petrea v Ypour ...

5th October 2017 By

UK wrong to deny residence rights for non-EEA family members of dual nationals

The question about what rights are enjoyed by an EU citizen who naturalises as a British citizen becoming a dual citizen is critically important in the context of Brexit. We previously gave some context on why the UK denies dual citizens’ rights und ...

31st May 2017 By

New CJEU case extends Zambrano rights of residence, emphasises best interests of children

In a new case, Chavez-Vilchez and Others v Netherlands C-133/15, the Court of Justice of the European Union has significantly extended Zambrano rights beyond those so far recognised by the Home Office and UK courts. The case offers far better guidanc ...

16th May 2017 By

Detention of Dublin asylum seekers held to be unlawful

Al Chodor and Others (C-528/15) In a highly significant judgment the CJEU has shown, in effect, that the Home Office has unlawfully detained hundreds or even thousands of individuals seeking international protection. The background facts The Al C ...

23rd March 2017 By

The Surinder Singh immigration route: how does it work? (updated)

This blog post has been updated to address the changes introduced in the Immigration (EEA) Regulations 2016. The ‘Surinder Singh route’ has become well known to British citizens seeking to be reunited with their family members. The toughen ...

31st January 2017 By

EU derived rights of residence not automatically lost if crime is committed

In two linked cases, CS v UK C-304/14 and Marin v Spain C-165/14, the Court of Justice of the European Union has ruled that Zambrano-like derived rights of residence under EU law are not automatically lost if a crime is committed. Instead, each case m ...

3rd October 2016 By

CJEU judgment on domestic violence victims: NA C-115/15

Last week the Court of Justice of the European Union gave judgment in the case of NA C-115/15 on the vexed issue of retained rights of residence for victims of domestic violence. It is hard to care given the result of the Brexit referendum but it is ...

6th July 2016 By

New CJEU ruling on procedural protection in legal challenges to EU law decisions

In an interesting but almost impenetrable judgment, the Court of Justice of the European Union gives some guidance on procedural protections available to those bringing challenges to EU law decisions which adversely affect them. The case is Benalla v ...

18th March 2016 By

EU right of residence where a marriage ends plus source of self sufficiency

The new case of Kuldip Singh Case C‑218/14 is important on two separate issues: when non EU citizens might retain rights of residence in the event of divorce and on the source of self sufficiency in EU law. EU free movement law does not only apply ...

4th August 2015 By

McCarthy and EU family permits

Last year the Court of Justice of the European Union handed down judgment in the case of McCarthy v United Kingdom C-202/13. In some ways it is a very straightforward case: the UK is not permitted to require residence card holding family members of E ...

29th January 2015 By

EU court bans credibility ‘tests’ for gay refugees

In welcome news for LGBT asylum claimants, the Court of Justice of the European Union ruled this week that ‘tests’ to prove a claimant’s sexual orientation, or intimate questioning about sexual behaviour, may breach the rights to human dignity ...

4th December 2014 By

Dano and the exclusion of inactive EU citizens from certain non-contributory social benefits

When the Grand Chamber handed down its judgment in Dano v Jobcenter Leipzig (C-333/13) on 11 November 2014, it was the subject of much media attention: Germany can deny benefits to jobless EU migrants, court rules (The Guardian), Landmark ECJ ruling ...

19th November 2014 By

From ABC to DSSH: How to prove that you are a gay refugee?

In an e-mail posting on a practitioners’ discussion group last week, a representative asked the group for details of a psychiatrist in order to prove that the detained client is gay. In follow-up e-mails, it was revealed that the enquiry was prompte ...

23rd July 2014 By

Woman who temporarily gives up work for childbirth still a worker

Court of Justice of the European Union in Saint Prix v UK (Case C‑507/12): Article 45 TFEU must be interpreted as meaning that a woman who gives up work, or seeking work, because of the physical constraints of the late stages of pregnancy and the af ...

20th June 2014 By

CJEU: Dependency is a question of fact

In a new judgment in the case of Reyes v Sweden [2014] EUECJ C-423/12 (BAILII link) the Court of Justice of the European Union has addressed the question of whether a dependent family member must be involuntarily dependent in order to qualify for fre ...

27th January 2014 By

It’s official: CJEU says prison doesn’t count

When an EU citizen breaks the law of another member state, fundamental questions arise. How should European states treat EU nationals and their family members who have committed crimes? How can the principles of free movement and integration, which ar ...

20th January 2014 By

After Zambrano and McCarthy, we now have Dereci…

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 dampene ...

23rd January 2012 By

NS v UK: removals under the Dublin II regulation

In the case of NS v UK (C-411/10) (see here for FM’s earlier alerter post), the Court of Justice of the European Union (CJEU) held that the transfer of an asylum-seeker from one EU Member State to another under the Dublin II regulation is no ...

11th January 2012 By