Supreme Court Says Zambrano Test Is Usually A Simple One


Supreme Court Says Zambrano Test Is Usually A Simple One

The Supreme Court has found in the case of Patel and Shah v Secretary of State for the Home Department [2019] UKSC 59 that the carers of EU citizen children can derive a Zambrano right of residence only where the child will as a practical matter of fact be forced to leave the EU.

The judgment is not as wide as some will have hoped but it is nonetheless very important. The Court of Justice cases of C-133/15 Chavez-Vilchez and Others v Netherlands and C-82/16 KA v Belgium seemed to represent a widening of the original Zambrano judgment (I certainly thought so at the time) but the Supreme Court seems to tell us otherwise. A careful reading of the judgment shows that the question of whether a child might be forced to leave the EU will include a best interests assessment on the facts of some cases, though.

Supreme Court says Zambrano test is usually a simple one


via Successful judicial review of social services age assessment

About towardchange

Your ‘Family Rights’ believing in the best interest of children. The issues which are important to me are, children and their families, the injustices to parents, which may occur, because of inadequate information, mistakes or corruption. This is happening every day. every minute and every second.
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