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Court of Appeal allows appeals in first Zambrano case before the Court

07/11/12

Angela Pryce v. London Borough of Southwark, Secretary of State for the Home Department Intervening

The Court of Appeal has delivered judgment in the first case to come before it on the scope of derivative residence rights under Article 20 TFEU following the judgment of the CJEU in Ruiz Zambrano v. ONEm C-34/09.

In a significant ruling the Court of Appeal decided to deliver judgment (despite the Respondent having conceded the appeal with costs) because of the importance of the point at issue and the fact that many other cases were affected by the result.

In essence, the Court agreed with the concessions made by the Respondent and Secretary of State and held that a person in respect of whom a refusal of a right of residence would be inconsistent with Article 20 TFEU in accordance with the principles established in Zambrano is not a person subject to immigration control.

Richard Gordon QC appeared for the successful appellant instructed by Deighton Pierce Glynn.