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Julia Smyth represented the Secretary of State for the Home Department (“SSHD”) in this judicial review claim, described by the Court as a test case, in which judgment was handed down today: R (Lounes) v SSHD  EWHC 436 (Admin).
The case concerns a Spanish national who worked in the UK, subsequently acquired British nationality and several years later sought to claim a residence right under Directive 2004/38 for her third country national spouse. The question referred to the Court of Justice of the European Union asks whether a dual national continues to benefit from the Directive in such circumstances.