News & Resources

Court of Appeal hands down important judgment on “Zambrano” principle

13th December 2017

Julia Smyth, instructed by the Government Legal Department, successfully represented the Secretary of State for the Home Department (“SSHD”) in two of the appeals, concerning the parents of British citizen children; David Blundell, of Landmark Chambers, successfully represented SSHD in the third, concerning the primary carer of an adult British citizen. The judgment is reported as Patel v SSHD; SSHD v Shah and Bourouisa [2017] EWCA Civ 2028.

The Court of Appeal accepted SSHD’s argument that the CJEU’s recent judgment in Case C-133/15 Chavez-Vilchez & ors [2017] 3 WLR 1326 did not represent “any kind of sea-change” to the fundamental approach to be taken (para 74, per Irwin LJ) and that the test remained one of compulsion. Thus the correct approach, in a case involving a British citizen child, was to ask whether the situation of the child was such that, if the non-EU citizen parent left the EU, the British citizen would be unable to care for the child, so that the child would be compelled to leave (para 77). While consideration of respect for family life was a relevant factor, it could not be a trump card enabling a court or tribunal to conclude that a child would be compelled to leave because family life would be diminished by the departure of one parent (para 78); where the British parent was capable of looking after the child, there was no proper basis for a finding of compulsion (para 79). Similarly, in an adult case, the test remained one of compulsion (para 81).




Close X

Coronavirus Update

TGC continues proactively to safeguard against the risks posed by the spread of Coronavirus. We have a Covid-19 Committee who continue to monitor the situation and follow advice issued by the Government and Public Health England. We will be updating this page as and when new information becomes available. As of 6 July 2020, our London premises, 1 Harcourt Buildings, will be operating with a reduced clerking team in attendance. The remaining staff members and barristers will continue working remotely. We wish to reassure everyone that our contingency plans enable us to continue to provide our services.

Telephoning us

When calling our switchboard number, it will be diverted to a member of the clerking team who will be able to assist in the usual way. All direct dials in Chambers are diverted to be answered remotely.

Emailing us & Sending Instructions

Please send all instructions via email directly to clerks@tgchambers.com. We would be grateful if this could be sent in an orderly fashion to enable working from a screen manageable. We are able to receive hard copy instructions via DX or Post, if necessary. However, we have a preference for electronic documents wherever possible.

Please continue to communicate with barristers directly via phone or email.

Conferences, Joint Settlement Meetings & Mediations

Conferences, meetings and mediations will take place remotely, either by telephone or video until further notice. Group Telephone calls and video calls can be easily arranged. If an in-person meeting is felt necessary please see our Covid-19 Information page for full criteria.

Court Hearings

We are following the Government’s advice closely, which is changing daily. In keeping with that advice, we will continue to service hearings remotely, where possible and as instructed by the hosting Court. In-Person hearings will be accommodated by members of TGC. We will continue to monitor this situation.

Making a payment

If you do not already pay us by BACS, going forward please make arrangements to do so. Please contact the clerks who can supply you with the relevant BACS details.

If you wish to discuss our policy and procedure relating to coronavirus, please do not hesitate to contact our senior clerk Dean Norton on 07535 753098 or dnorton@tgchambers.com.

To learn more visit our Covid-19 Information page.