Northern Ireland appeal case on 'Chen parents' in Court of Justice of the European Union

Monday 28 January 2019

Garden Court’s Gráinne Mellon and Ronan Toal appeared in the Court of Justice of the European Union (CJEU) last week on behalf of the AIRE Centre who were intervenors in the case of Bajarati v Secretary of State for the Home Department [2019] ECR 1.

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The case relates to the status of a non-EU citizen claiming a derivative right of residence in the UK relying on the EU citizenship status of a child.

In particular, it concerns whether income from employment that is unlawful under national law can be used to establish sufficient resources under Article 7(1)(b) of Citizens Rights Directive.

The case was referred to Luxembourg from the Northern Irish Court of Appeal in December 2017.

The case has now concluded and the Advocate General’s opinion is due to be delivered on the 16th May 2019.

Further details on the case can be found on Free Movement and on The Justice Gap website: ‘Self-sufficiency and right of residence in the UK’.

Gráinne Mellon and Ronan Toal are members of the Garden Court Chambers Immigration Team.

They were lead in this case by Aidan O’Neill QC and Monye Anyadike-Danes QC. They were instructed by Ciaran Moynagh of Phoenix Law on behalf of interveners AIRE Centre.

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