ZH (Afghanistan) v Secretary of State for the Home Department

Mr Richard Drabble QC and Mr Alan Briddock (instructed by Messrs Fisher Meredith, London) for the Appellant Mr Robert Palmer (instructed by Treasury Solicitor, London) for the Respondent Hearing date: 1st July 2009 ____________________

The background to the Directive 2004/38/EC of the European Parliament and of the Council ("The 2004 Directive").

Note 4 Resolution on the harmonization of national policies on family reunification (Copenhagen conclusions of 1 June 1993). [Back]

Note 5 Regulation 26(3)(a) and (b). An appeal lies to the AIT: Regulation 26(6), but in the case of a refusal to issue an EEA family permit, it is (subject to exceptions nor relevant here) an �out of country� right of appeal: Regulation 27(1)(c). [Back]

Note 7 That stipulated: � These Regulations shall not apply to a family member unless the family member is lawfully resident in another Member State and is (a) seeking to enter the State in the company of a Union citizen in respect of whom he or she is a family member or (b) seeking to join a Union citizen, in respect of whom he or she is family member, who is lawfully present in the State�. [Back]