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England and Wales decisions
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Secretary of State for the Home Department v Borges [2025] EWCA Civ 784 (27 June 2025)
The Court of Appeal held that Borges was not entitled to the highest deportation protection because he was not an EU citizen throughout the relevant ten-year period.
The Court of Appeal held that only residence as an EU citizen counts toward Article 28(3)(a) enhanced protection, and remitted the deportation appeal.
Adegboyega v Secretary of State for the Home Department [2024] EWHC 2365 (KB) (15 September 2024)
High Court damages judgment after trial. The claimant recovered damages for unlawful detention, Article 3 and EEA-rights breaches, psychiatric injury, and CBT treatment.
A third country national must meet the conditions of article 7.2 of Directive 2004/38/EC immediately before the divorce is finalised to retain a right of residence under article 13.2. Imprisonment before the divorce interrupts worker status and thus severs the continuity required for retained rights. The appellant lost protection under article 7.2 when imprisoned and had no rights for article 13.2 to preserve at the time of divorce.
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Fertre v Vale of White Horse District Council [2024] EWHC 1754 (KB) (08 July 2024)
The High Court dismissed Ms Fertré’s appeal, holding that her pre-settled status did not make her entitled to housing assistance under Article 23 of the Withdrawal Agreement.
Ali, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 1615 (Admin) (30 June 2023)
The High Court held that adult children of EU citizens must meet dependency conditions continuously, and dismissed a challenge to EUSS rules and the Withdrawal Agreement.
The Upper Tribunal held that an EU national could rely on resources from a UK spouse, including some social assistance, to satisfy self-sufficiency for residence and universal credit purposes.
Balogun v Secretary of State for the Home Department [2023] EWCA Civ 414 (19 April 2023)
The Court of Appeal held that a third-country national spouse lost retained residence rights when imprisoned before divorce was finalised, so the appeal was dismissed.
The Upper Tribunal held that the child element of universal credit is not a social security family benefit under Regulation 883/2004 and dismissed the appeal.
The High Court dismissed a judicial review of deportation-related decisions. It held the DLN was not a Directive 2004/38 measure or decision, and Regulation 33 certification was not required.
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