Our cases: Sannie and another v Secretary of State for the Home Department
Immigration European Economic Area nationals. The first claimant had been granted a residence card for the United Kingdom on the ground of being an extended family member of an EEA member.
Subsequently, the second claimant, who was the wife of the first claimant, applied for a residence permit also on the grounds of being an extended family member, namely the sister-in-law. The defendant Secretary of State refused the second claimant’s application and revoked the first claimant’s residence card on the grounds that it had been granted by way of administrative error and the first claimant had not met the criteria as set out in the Immigration (European Economic Area) Regulations 2006, SI2006-1003 (the Regulations). Following two unsuccessful appeals, the claimants appealed to the Court of Appeal, Criminal Division, who upheld the earlier decisions and held, inter alia, that it was implicit within the Regulations for the Secretary of State to refuse to renew or revoke a residence permit-card when a claimant had, in fact, never met the necessary criteria in the first place.
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||All England Reporter
|| All ER (D) 338 (Oct)
|| EWCA Civ 1638
||Court of Appeal, Civil Division
||Sir Terence Etherton C, Hallett and Sharp LJJ (judgment delivered extempore)
||Paul Dipre (instructed by Calices Solicitors) for the claimants.
||Samantha Broadfoot (instructed by the Treasury Solicitor) for the Secretary of State.
||30 October 2013