HJT - European EEA Law Update

Update on EEA Law:  A review of developments, both domestic and European, in the law that concerns European migration.  Any immigration lawyer needs a good understanding of the European Union law impact on their client’s status. 

A number of recent decisions of the CJEU emphasise the importance of European Citizenship in family settlement cases.  The Home Office have indicated an intention to give effect to these decisions through the introduction of new Rules.  The Tribunal have also been active, and have shown a willing, though no patience, to consult the CJEU in various matters. We await clarification from the CJEU in respect of the definition of "extended family members", and the rights of parents of children in education.  We will also discuss issues such as obtaining and exercising the right of appeal, the need for the Secretary of State to exercise discretion in extended family member cases, and the general principle that the Citizen’s Directive extends the pre-existing free movement Treaty rights.