News & Resources

Court of Appeal confirms limits on family member rights under EU law

11th February 2019

Julia Smyth successfully represented the Secretary of State for the Home Department in Fatima & ors v SSHD [2019] EWCA Civ 124 (judgment 7 February 2019). The case concerned the limits on the rights of “extended family members” under EU law.

The Court of Appeal accepted that recent CJEU authorities had not changed the requirement for dependency on an EEA national, and that no right  could be derived from the British citizen sponsor’s cross-border work. The Second and Third Appellants’ appeals were dismissed accordingly. The First Appellant’s appeal was dismissed as academic.

The Judgment can be viewed here.