Zambrano meets Chavez-Vilchez

By on June 26, 2017

In Zambrano the Court of Justice of the European Union found that EU citizens who are nationals of the state where they live and have never exercised their free movement right to live in another EU country have rights to the presence of their third country national family members. This doctrine was first established in 2011 and has become known as the Zambrano principle....

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The Cure

By on June 7, 2017

The Judgement in the case of Paposhvilli v Belgium had a significant impact on the future of many applicants who argue that they should be allowed to remain in the United Kingdom because of their medical conditions. So far the Home Office has not issued guidance on the approach she will take on medical cases in light of the observations made by the Court (Grand Chambers 2016/ECHR1113). ...

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Grandpa’s love wins the day

By on May 23, 2017

We represented a mother and two children who were the appellants in an appeal against the refusal of the Home Office. The application to remain in the UK was based on the Human Rights Act. The mother was a national of Jordan and the two children were her dependents. When they were represented by another firm of solicitors they made an asylum application which was refused on 8th April 2011 and their appeal on the asylum basis was dismissed. The solicitors then made another application in support of her human rights on the basis that her removal from the UK would be contrary to Article 8 of the Human Rights Act. This application was refused on 20th August 2015 and we were instructed to appeal. ...

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Article 8 v Family Reunion

By on May 16, 2017

We represented an appellant who is a citizen of Syria who made an application for family reunion to join her son who was granted refugee status. She made the application before she instructed us and the entry clearance officer decided that the appellant did not qualify for family reunion under paragraph 352A which only applied to spouses, civil partners or children under the age of 18 of the refugee. She appealed against this decision on the grounds that she had a family life with her son in the UK under Article 8 and that no consideration was given to her ill-health, dependency on her son and the fact that her son was in the UK. ...

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Viva La Difference

By on May 10, 2017

Mr Emmanuel Macron is the new President of France. In his victory speech he vowed to unite a divided and fractured France, saying “the world is watching and waiting for us to defend the spirit of the enlightenment threatened in so many places”. He now faces challenges of trying to win a parliamentary majority for his political movement, because without a majority he will not be able to carry out his manifesto promises. World leaders including Trump, Teresa May and Justin Trudeau have congratulated Macron.
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Human Rights Protection for EU Citizens

By on April 20, 2017

It is envisaged that the Council of European Convention on Establishment and the European Convention on Human Rights will be the two main sources of protection for EA nationals and their family members who do not benefit from any Brexit settlement. Therefore, to avoid ongoing litigation it is important that any Brexit settlement makes adequate provisions for EA nationals and their family members. There should be protection for the right to reside to those EA nationals and their family members who have lived in the UK for five years. There should be rights to reside to those who have exercised treaty rights, but failed to obtain comprehensive sickness insurance or those who did not exercise treaty rights, such as students or those who have not exercised treaty rights but are European nationals, for example married to British citizens....

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