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Er worden posts getoond met het label Best interest of the child

Jurisprudence: EU child, discrimination by nationality and best interest of the child (discussing EU law and caselaw)

The case discusses is an English national permit but in the ruling a lot of EU passes the bar. Discussion Best interests of the child 18.          A child must not be blamed for matters for which he or she is not responsible, such as the conduct of a parent: see Zoumbas v Secretary of State for the Home Department [2013] UKSC 74 at [10] per Lord Hodge. There must be a full consideration of all relevant factors. 19.          The Court of Appeal developed the context for any assessment of the best interests of a child in EV (Philippines) v Secretary of State for the Home Department [2014] EWCA Civ 874 in these terms, at [58]: "...the assessment of the best interests of the children must be made on the basis that the facts are as they are in the real world. If one parent has no right to remain, but the other parent does, that is the background against which the assessment is conducted...

UK CHAVEZ VILCHEZ UITSPRAAK: Patel ad Shah v Secretary of State for the Home Department (volwassenen en kinderen)

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  Adam Pipe In this short video I look at the latest Zambrano developments with the Supreme Court decision in Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019) URL: http://www.bailii.org/uk/cases/UKSC/2... These two appeals were heard together by the Court of Appeal and raise common issues as to the scope of the principle in Ruiz Zambrano v Office national de l’emploi (Case C-34/09) [2012] QB 265 (“ Zambrano ”). In Zambrano , the Court of Justice of the European Union (“the CJEU”) held that a third-country (ie non-member state) national parent (“TCN” parent), of a Union citizen child resident in Union territory, was entitled to a right of residence to avoid the child being deprived of the genuine enjoyment of the substance of their Union citizenship rights on removal of the TCN parent. The principle extends to dependents who are not children, and has been applied even where the Union citizen has not exercised...