Zou, Re Judicial Review

Judicial Review of a decision of the Secretary of State for the Home Department to reject an application for a residence card

[1] The petitioner is a Chinese citizen who arrived in the United Kingdom in December of 1998. She had leave to enter as a student permitting her to remain until 30 June 2005 . Pin Bo Zhang, who later became her husband, arrived in the United Kingdom in 1998 without a valid passport or leave to enter. I understand that he remains in the United Kingdom . The petitioner and her husband married in August of 2003 and have two children, Miao Aaron Zhang, born 19 October 2003 and Zoe Xin Yi, born 17 September 2007 .

[2] In May 2011, through her agents, the petitioner applied to the UK Border Agency for a residence card. That application was refused by letter dated 27 September 2011 . It was that decision which the petitioner sought to reduce by the present application. In addition the petitioner sought declarator that she had a right to reside and work in the United Kingdom .

[3] The petitioner's son Miao Aaron Zhang was born in Coleraine , Northern Ireland . On this basis he was viewed as a citizen of the Irish Republic and therefore a citizen of the European Union. Relying on the decision of the European Court of Justice in the case of C-34/09 Zambrano v ONEm the petitioner claimed that in order for her son to continue to obtain the benefits, advantages and responsibilities of the European Union it was necessary for residence and working rights to be granted to his family and that it was unlawful of the Secretary of State to refuse to grant such rights.

[5] The petitioner's son has never been to the Republic of Ireland . However it was explained that the Republic of Ireland grants Irish citizenship to any child born on the island of Ireland and that the petitioner's child Miao possessed a passport issued by the Republic of Ireland . On that basis he fell to be viewed as a citizen of the European Union.