Search for: "Zambrano v. State"
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11 Mar 2011, 2:56 am
Ruiz Zambrano v Office national de L’emploi (ONEm) (Case C-34/09); [2011] WLR (D) 81 ”A third country national with dependent children who were European citizens, had, pursuant to article 20FEU of the FEU Treaty, a right of residence in the member state of residence and nationality of those children and was entitled to a work permit in so far as this enabled the children to enjoy the substance of the rights attaching to the status of European Union… [read post]
16 Dec 2019, 2:30 am
On appeal from: [2017] EWCA Civ 2028 These appeals raised common issues regarding the scope of the Ruiz Zambrano v Office national de l’emploi (Case C-34/09) [2012] QB 265 (“Zambrano”) principle which states that a non-member state national (“TCN”) parent of a European Union citizen child resident within the EU is entitled to reside in the EU. [read post]
12 Feb 2015, 1:18 pm
And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for Zambrano carers of a raft of social assistance benefits. [read post]
15 Nov 2017, 2:28 am
In Zambrano the CJEU held that an EU member state could not take measures in respect of a non-EU citizen who was the primary carer (a “Zambrano carer”) of an EU citizen, where those measures effectively deprived that dependent EU citizen of the genuine enjoyment of his or her rights under EU law. [read post]
21 May 2019, 5:23 am
Hence Irwin LJ found that the “underlying principle in Zambrano is undisturbed by Chavez-Vilchez” and in the latter case the referring court was looking for guidance in circumstances where a child was dependent on one non-EU parent with no right of residence; circumstances in which the state must ensure a careful process of enquiry. [read post]
29 Dec 2017, 7:59 am
Applying in Bah v UK (2012) 54 EHRR 21 he held that the discrimination was justified on the facts of HC’s case. [read post]
26 Nov 2007, 6:27 am
United States v. [read post]
9 Dec 2013, 9:32 am
This appeared to be confirmed in the case of Pryce v Southwark LBC [2012] EWCA Civ 1572, in which the Court of Appeal held – albeit after Southwark had conceded the appeal – that a Zambrano right of residence conferred a right to welfare benefits and housing.Now unsurprisingly there has been a large amount of fire fighting on behalf of both the Government and the courts. [read post]
9 Dec 2013, 9:32 am
This appeared to be confirmed in the case of Pryce v Southwark LBC [2012] EWCA Civ 1572, in which the Court of Appeal held – albeit after Southwark had conceded the appeal – that a Zambrano right of residence conferred a right to welfare benefits and housing.Now unsurprisingly there has been a large amount of fire fighting on behalf of both the Government and the courts. [read post]
2 Jun 2009, 11:21 pm
(Zambrano v. [read post]
16 Dec 2020, 1:46 am
In S v Secretary of State for the Home Department (Case C-304/14) (“CS”), it held that “in exceptional circumstances a member state may adopt an expulsion measure…”. [read post]
6 Jul 2017, 8:50 am
The Secretary of State had complied with the PSED because all that the Regulations did was to return the entitlement of Zambrano carers to benefits to what it had been before the CJEU judgment triggering the right to reside, and therefore the Regulations did not cause a change in policy. [read post]
9 Mar 2011, 1:45 am
(See, Fajujonu v Minister for Justice [1990] 2 IR 151). [read post]
8 Sep 2021, 7:48 am
The Supreme Court held in Lujan v. [read post]
29 Dec 2017, 7:59 am
However, art 51 limits the CFR’s application to “only when” member states “are implementing Union Law”. [read post]
29 Dec 2017, 8:00 am
Equally, the misconception was exposed by the fact that the tremors caused by the Zambrano judgment resulted in the amendment of the Immigration (European Economic Area) Regulations 2006 in order to give Zambrano carers the right to live and work in the UK. [read post]
8 Apr 2010, 3:51 am
State v. [read post]
2 Jul 2014, 3:06 pm
R (OAO Yekini) v LB Southwark [2014] EWHC 2096 (Admin) [Not on Bailii yet. [read post]
20 Nov 2012, 1:43 pm
The Court held that that the procedure established under Art. 259 TFEU was designed to obtain a declaration that the conduct of a Member State was in breach of EU law and to terminate that conduct (see, to that effect, Joined Cases 15/76 and 16/76 France v Commission [1979]; Case C-456/05 Commission v Germany [2007]; and Joined Cases C-514/07 P, C-528/07 P and C-532/07 P Sweden and Others v API and Commission [2010]).Thus, as the aim of the Treaty was to achieve… [read post]
19 Jun 2017, 9:09 am
The court briefly considered Zambrano, Dereci and subsequent cases, noting the requirement of complete dependence between the EU citizen and third country national, such that would result in the constructive expulsion of the EU citizen if the third country national were not permitted to remain. [read post]
