30 May 2013
Soares v Secretary of State for the Home Department [2013] EWCA Civ 575, [2013] All ER (D) 229 (May)
The issue for determination was whether reg 8(2)(c) of the Immigration (European Economic Area) Regulations 2006 (SI 2006/1003), applied to the dependants of a spouse who was not a European citizen but who was married to one. In dismissing the appeal, the Court of Appeal held that reg 8(2)(a) was specific in requiring that a person was residing in a country other than the UK and was dependent upon the European national or was a member of his household. The requirements of sub-para (a) were then expressly incorporated into sub-para (c).
