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Yesterday, the Supreme Court heard an appeal about the test which applies to the deportation of those who would otherwise benefit from a Zambrano right to reside. The key question for the Court is whether Zambrano carers enjoy enhanced protection against deportation, such that they can be deported in “exceptional circumstances” only. The Appellant argues that this is the effect of the judgment of the CJEU in Secretary of State for the Home Department v CS [2017] QB 558. The Secretary of State’s position is that there is no requirement for exceptional circumstances to be established before a Zambrano carer can be deported; rather, the test is that set out at [36]-[49] of CS, repeated in the CJEU’s decisions in Rendón Marin v Administración del Estado [2017] QB 495 and KA and others v Belgische Staat [2018] 3 CMLR 28.
David Blundell QC and Julia Smyth represent the Secretary of State for the Home Department. David also represented the United Kingdom in CS and Rendón Marin. Judgment has been reserved.
