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Zackaria Muhidin Ali v Secretary of State for the Home Department [2006] EWCA Civ 484

Article 18 of the EC Treaty (Nice) did not confer on a citizen of the EU an unlimited right to reside in the UK.

12 May 2006

The appellant (Z) appealed against a decision of an immigration judge that he had no right of residence in the UK under EC law. Z, a Somali national, had arrived in the UK in 2002 and had claimed asylum. That claim was rejected by the Secretary of State. Z had claimed to be married to N, a Dutch citizen, who had arrived in the UK with her four children in 2000 when she was five months’ pregnant. Z had a son (Y), a Dutch national, who was born in 1999. The judge found that there was a family relationship between Z and N, but did not accept Z’s assertion that they were married. The judge also rejected Z’s contention that N was a “worker” within the meaning of Art 39 of the EC Treaty (Nice). She further held that the fact that Y was in education in the UK did not give Z a right of residence in the UK. Z argued that: (1) the judge had been wrong to decide the issue of whether he and N were married on the balance of probabilities; (2) when deciding that N was not a “worker”...

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