Immigration – Residence card.
The defendant Secretary of State had not erred in refusing the claimant Algerian national’s application for a residence card because he had not met the conditions in reg 17 of the Immigration (European Economic Area) Regulations 2006, SI 2006/1003, because, as a British national, his wife fell outside the definition of European Economic Area national. Accordingly, the Administrative Court dismissed the claimant’s application for judicial review.
The claimant Algerian national came to the UK in or about August 1996. On 14 June 2014, he married a Croatian national. She had come to the UK in about September 1995 and, on 23 May 2007, had become a British citizen, and since then had held both Croatian and British nationality.
The claimant applied for a residence card on the assumption that, even though his wife held dual nationality, it remained possible for him, on the basis that she held Croatian nationality, to meet the conditions set out in reg 17 of the Immigration (European Economic Area) Regulations 2006, SI 2006/1003. The defendant Secretary of State refused the application, on the basis that he did not meet those conditions because, as a British national, his wife fell outside the definition of European Economic Area national as then contained in the Regulations. The claimant sought judicial review.