immigration law Cases

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Case summary of Chen V. Secretary of State for the Home Department (2005) QB 325

Immigration law: Migration of the European Union State citizen within EU country

A European Union citizen has a right of free movement within any country in the European Union and there is no minimum age requirement to exercise such right.

A child born to Chinese mother in Ireland obtained Irish citizenship and lived together with her mother in the United Kingdom. The mother subsequently sought for a long term residence in the United Kingdom for the child and herself as principal carer. The application was refused because as a child, she was unable to exercise her rights of movement under the Council Directive 90/364 Art 18 (1) as such has no right to reside in the UK.

The European Court held that the applicants have right to live in the UK as there is no minimum age requirement to exercise the directive, it is irrelevant whether the child is exercising the right or not.