Case details

Secretary of State for the Home Department (Respondent) v Shah (Appellant)

Case ID: UKSC 2018/0021

Case summary

Issue(s)

Whether the CJEU decision in Chavez-Vilchez (Case C-133/15) altered the approach to the question of derivative claims for residence in the UK by those without rights of residence, based upon their care of British citizens who are their "direct relatives".

Facts

Mr Patel is an Indian national who is the primary carer for his elderly father. Both his parents are British citizens – his father has final stage kidney disease and his mother had previously suffered a heart attack and has very poor knee function making her relatively immobile. Mr Shah is a Pakistani national who is the primary carer for his British citizen child. His wife is a British citizen and works full time.

Both of the appellants applied for a Derivative Residence Card on the basis of the Immigration (European Economic Area) Regulations 2006, which state that a non-EU citizen is entitled to derivative right to reside in the UK if they are a primary carer of a British citizen residing in the UK and the British citizen would be unable to reside in the UK or another EEA state if the non-citizen were required to leave. Both were rejected on the basis that the relatives they cared for would not be forced to leave the UK if the appellants left.

Judgment appealed

[2017] EWCA Civ 2028

Parties

Appellant(s)

Adil Shah

Respondent(s)

Secretary of State for the Home Department

Intervener(s)
  1. The AIRE Centre
  2. Liberty

Appeal

Justices

Lady Hale, Lord Carnwath, Lord Briggs, Lady Arden, Lord Sales

Hearing start date

07 May 2019

Hearing finish date

07 May 2019

Watch hearing
07 May 2019 Morning session Afternoon session