Home > News > Court of Appeal hears important case about scope of Zambrano right

The Court of Appeal has heard an important case this week about the scope and application of the ‘Zambrano’ principle. The issue is whether the fact that an applicant for a Zambrano right already holds limited leave to remain prevents a Zambrano right from arising, because in those circumstances – because of the existence of an alternative right of residence under domestic law – the applicant’s British citizen child would not be forced to leave the EU if their primary carer were refused a right of residence. There is a second issue as to whether, if no right arises as a matter of EU law, domestic legislation nonetheless provides for a right to arise.

The appeal was live-streamed on YouTube.

David Blundell QC and Julia Smyth represented the Secretary of State for the Home Department.

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