Update on Reference made to the Court of Justice of the European Union: Case before the Upper Tribunal reported


Further to our earlier post on the Order for Reference to the CJEU, the Upper Tribunal has now reported this case.

The case is Banger (Unmarried Partner of British National) [2017] UKUT 00125 (IAC) and the head note states:

The Upper Tribunal has referred the following questions to the CJEU for a preliminary ruling under Article 267 TFEU:

  1. Do the principles contained in the decision in Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department(Case C-370/90) [1992] operate so as to require a Member State to issue or, alternatively, facilitate the provision of a residence authorisation to the non-Union unmarried partner of a EU citizen who, having exercised his Treaty right of freedom of movement to work in a second Member State, returns with such partner to the Member State of his nationality?
  2. Alternatively, is there a requirement to issue or, alternatively, facilitate the provision of such residence authorisation by virtue of European Parliament and Council Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (“the Directive”)?
  3. Where a decision to refuse a residence authorisation is not founded on an extensive examination of the personal circumstances of the Applicant and is not justified by adequate or sufficient reasons is such decision unlawful as being in breach of Article 3(2) of the Citizens Directive?
  4. Is a rule of national law which precludes an appeal to a court or tribunal against a decision of the executive refusing to issue a residence card to a person claiming to be an extended family member compatible with the Directive?

The matter is currently at the written observations stage before the CJEU.

Ms Banger is represented by Anthony Metzer QC and Sanaz Saifolahi of Goldsmith Chambers.


Related barristers: Sanaz Saifolahi, Anthony Metzer QC