OQ (India) v Entry Clearance Officer
The applicants have an arguable case on both dependency under article 2.2(c) and household membership under article 3.2(a) of the Directive, and permission to appeal is granted as there is a real prospect of success.
- Parties
- Appellant: OQ (India); Respondent: Entry Clearance Officer
- Jurisdiction
- England and Wales
- Judgment Date
- 11 June 2009
- Procedural Posture
- Immigration Appeal / Renewed Application for Permission to Appeal
- Outcome
- permission to appeal granted
- Legal Topics
- Dependency Under EU Directive, Family Members Under EU Law, Perversity Challenge, Household Membership Under Directive
Case Brief
Summary, issues, holding and outcome
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Parties
OQ (India)
Appellant
Entry Clearance Officer
Respondent
Procedural Posture
Immigration Appeal / Renewed Application for Permission to Appeal
Legal Issues
- 1 Whether the applicants are dependent family members under article 2.2(c) of the Directive
- 2 Whether the applicants qualify as 'other family members' under article 3.2(a) of the Directive
- 3 Whether the reconsideration decision was perverse in its conclusion on dependency
Ratio Decidendi
The applicants have an arguable case on both dependency under article 2.2(c) and household membership under article 3.2(a) of the Directive, and permission to appeal is granted as there is a real prospect of success.
Court Disposition
permission to appeal granted
Orders
- Permission to appeal granted on both grounds: dependency under article 2.2(c) and household membership under article 3.2(a)
- Time estimate for hearing is half a day before a three-member court, one of whom may be a High Court judge
Full Case Text
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