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This case is part two of linked appeals that raise important questions about EU rights of residence. Part 1 had led to the Court of Appeal deciding to refer a question to the CJEU about permanent residence.  In Part 2 the Court of Appeal decided to refer further questions.  First, the CJEU asked whether Article 21 TFEU (the citizen’s right of movement) combined with Article 7 of the Charter of Fundamental Rights (the family life guarantee identical to Article 8 ECHR In content) gave rise to an EU right to reside if expulsion of EU nationals to their country of origin would breach their Article 8 rights.  The Upper Tribunal had already concluded (in a part of its judgment that was not appealed) that to make NA (a Pakistani) national move to either Pakistan or Germany (the country of which her young children were nationals) would breach her Article 8 ECHR rights, given the strong links the family had with the UK.  Second, the Court of Appeal asked questions designed to clarify the CJEU’s Texeira case-law on EU rights of residence when children of EU workers entered the host state’s education system.

The full judgment can be read here: http://www.bailii.org/ew/cases/EWCA/Civ/2015/140.html

Brian Kennelly (instructed by Treasury Solicitors) for The Secretary of State for the Home Department.

Tom de la Mare QC and Ms Bojana Asanovic (instructed by Wilsons Solicitors LLP) for NA (Pakistan).

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