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MUJEEBUR REHMAN AWAN, NAZAKET MUJEEB AWAN, MUHAMMAD USMAN MUJEEB AWAN, MUHAMMAD BILAL MUJEEB AWAN, AND SAIF UR REHMAN
In order to better understand the issues that arise in the appeal it is appropriate at this juncture to set out the relevant EU and domestic legislative provisions .
Directive 2004/38/EC on the Rights of Citizens of the Union and their Family Members to Move and Freely Reside within the territory of the Member States, O.J. L/158, 30.4.2004 (�the Citizens Directive�) is the governing EU legislation. �Recitals (5) and (6) provide:
�(5). The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality. For the purposes of this Directive, the definition of �family member� should also include the registered partner if the legislation of the host Member State treats registered partnership as equivalent to marriage.
Art. 2(2) defines �Family member� to include spouse, partner, �direct descendants who are under the age of 21 or are dependants� and �dependent direct relatives in ascending line�. Art. 3(1) of the Citizens Directive confirms that these are the persons who are the designated beneficiaries of the rights.
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