7th March 2019
William Irwin represented the Home Secretary (SSHD) in The Secretary of State for the Home Department v Jefferey Aibangbee  EWCA Civ 339. Judgment was handed down on 7 March 2019.
The case concerned the rights of durable partners of EEA nationals under the Immigration (European Economic Area) Regulations 2006 (the 2006 regulations). Pursuant to the 2006 regulations, the durable partner of an EEA national who has lived in accordance with those regulations for a period of five years is entitled to a permanent residence card. The SSHD appealed against a finding by the Upper Tribunal that the five year period concerned began at the commencement of the durable relationship.
The Court of Appeal allowed the SSHD’s appeal, holding that the five year qualifying period began at the date when the durable partner was given a residence card by the SSHD.