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