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Administrative Ct refers question to CJEU on rights of dual nationals

8th March 2016

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 [2016] 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.