Sarabjit Singh, acting for the Secretary of State for the Home Department (“the SSHD”), has won an important case in the Court of Appeal on the interpretation of Article 3(2)(a) of Directive 2004/38/EC, which requires Member States to facilitate the entry and residence of “other family members” of European Union citizens, and of the corresponding provision in UK domestic law under the Immigration (European Economic Area) Regulations 2006. The issue in the case was whether a qualifying “other family member” could include a person who was dependent in his home country on an EU citizen’s spouse or whether, as the SSHD argued, this provision only applied to a person who was dependent in his home country on the EU citizen himself. The Court of Appeal accepted the SSHD’s submissions and decided that a broader interpretation of a qualifying “other family member” would be impermissible.
The judgment can be found here.
