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Court of Appeal hears important case about scope of Zambrano right

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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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