Aladeselu & Ors v Secretary of State for the Home Department

The relevant facts are not in dispute. The applicants themselves, who are aged 41, 38 and 40 respectively, all lived formerly in Nigeria. In November 2006 the third applicant entered the United Kingdom illegally. In July 2007 the second applicant entered the United Kingdom illegally. In August 2007 the first applicant entered the United Kingdom on a visit visa but subsequently overstayed.

On 18 August 2008 the applicants applied for a residence card as a confirmation of their claimed right to reside in the United Kingdom as extended family members pursuant to regulation 8 of the EEA Regulations. The application was refused by the Secretary of State for reasons given in a letter dated 9 August 2010. That is the decision that triggered the present proceedings.

In order to explain the issue it is necessary first to set out the relevant legislative provisions and to summarise the relevant cases.

Directive 2004/38/EC (“the Directive”) lays down (a) the conditions governing the exercise of the right of free movement and residence within the territory of the Member States by EU citizens and their family members; (b) the right of permanent residence in the territory of the Member States for Union citizens and their family members; and (c) the limits placed on the rights in (a) and (b) on grounds of public policy, public security or public health: see article 1.

“2(1) ‘Union citizen’ means any person having the nationality of a Member State;