Rahman and Others v Secretary of State for the Home Department – WLR Daily

Posted September 7th, 2012 in EC law, families, freedom of movement, immigration, law reports by tracey

Rahman and Others v Secretary of State for the Home Department: Case C-83/11;   [2012] WLR (D)  259

“Member states of the EU were not required to grant every application for entry or residence submitted by family members of a Union citizen who did not fall under the definition in article 2(2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 , even if they showed, in accordance with article 10(2), that they were dependants of that citizen. It was, however, incumbent upon the member states to ensure that their legislation contained criteria which enabled those persons to obtain a decision on their application for entry and residence that was founded on an extensive examination of their personal circumstances and, in the event of refusal, was justified by reasons.”

WLR Daily, 5th September 2012

Source: www.iclr.co.uk