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C-109/01 Home Secretary v Akrich [2003] ECR I-9607

By Oxbridge Law TeamUpdated 04/01/2024 07:15

Judgement for the case C-109/01 Home Secretary v Akrich

Table Of Contents

  • Plaintiff (Moroccan), married to a UK national, had been illegally residing in UK. His wife relocated to Ireland to work and Plaintiff agreed to join her. After 6 months they tried to return to the UK, circumventing immigration laws by claiming Plaintiff’s right to move to UK as a spouse of a MS worker (under reg 1612/68).

  • CFI held that to benefit from such a right the spouse must be lawfully resident in a member state when they move to another member state to which the EU national is migrating or has migrated.

  • The Court did, however, point out that where the marriage was genuine, in deciding on whether to admit the third-country national, despite their unlawful status under the member state's immigration law, respect for family life under Article 8 of the European Convention on Human Rights should be taken into account.

  • Article 39 EC is NOT infringed where the spouse didn’t enter the country lawfully in the first place.

    • This approach appears to contradict the trend set in Carpenter and MRAX

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1,161 total pages
1027 purchased

European Law notes fully updated for recent exams at Oxford and Cambrid...