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For the appellant: Mr A Metzer QC and Ms S Saifolahi, Counsel, instructed by Sterling & Law Associates LLP
(1) In determining whether the absence of adequate provision for the childcare of the child of a Union citizen may be a factor capable of discouraging that Union citizen from effectively exercising his or her free movement rights under Article 45 TFEU, the Tribunal will need to undertake a wide evaluative assessment of the particular childcare needs in light of all relevant circumstances.
(2) It is necessary for an appellant claiming to have a derivative right of residence under Article 45 TFEU to establish a causal link between the absence of adequate childcare and the interference with the effective exercise by a Union citizen of his or her free movement rights, and the appellant will need to demonstrate, by the provision of reliable evidence, that genuine and reasonable steps have been taken to obtain alternative childcare provision.
This appeal concerns the circumstances in which a third country national who is a family member of a British citizen may be able to establish a derivative right of residence under Article 45 TFEU when the British citizen is living in the UK but travels to another Member State as part of his employment.
Article 20 of the Treaty on the Functioning of the European Union (TFEU) provides, in material part,
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