Chen v Secretary of State for the Home Department
170 words (1 pages) Case Summary
14th Jun 2019 Case Summary Reference this In-house law team
Case summary of Chen V. Secretary of State for the Home Department (2005) QB 325
Immigration law: Migration of the European Union State citizen within EU country
A European Union citizen has a right of free movement within any country in the European Union and there is no minimum age requirement to exercise such right.
A child born to Chinese mother in Ireland obtained Irish citizenship and lived together with her mother in the United Kingdom. The mother subsequently sought for a long term residence in the United Kingdom for the child and herself as principal carer. The application was refused because as a child, she was unable to exercise her rights of movement under the Council Directive 90/364 Art 18 (1) as such has no right to reside in the UK.
The European Court held that the applicants have right to live in the UK as there is no minimum age requirement to exercise the directive, it is irrelevant whether the child is exercising the right or not.
Cite This Work
To export a reference to this article please select a referencing stye below:
Related Services
View all
Related Content
Jurisdictions / TagsContent relating to: "EU Law"
EU law, or European Union law, is a system of law that is specific to the 28 members of the European Union. This system overrules the national law of each member country if there is a conflict between the national law and the EU law.
Related Articles
