The Supreme Court is today hearing argument in Patel & Shah v Secretary of State for the Home Department, two conjoined appeals concerning the approach to determining whether a non-EU citizen carer of a dependant EU citizen (usually, but not always, a non-EU parent of an EU citizen child) has a ‘Zambrano’ right of residence in under EU law in their host EU member state – in particular following the CJEU’s recent decision in Case C-133/15 Chavez – Vilchez.

David Blundell is appearing as lead counsel for the Secretary of State for the Home Department (with Julia Smyth of Temple Garden Chambers), instructed by the Government Legal Department.

Richard Drabble QC and Charles Banner QC are appearing for the AIRE Centre (with Bojana Asanovic of Lamb Building), who have been granted permission to intervene by way of written and oral submissions, instructed by Freshfields Bruckhaus Deringer LLP.

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