Does Zambrano Provide EU protection from expulsion

There has been a debate as to whether beneficiaries of Zambrano can avail themselves of the protection from expulsion provided in EU law, or whether they can only rely on ECHR.

Fortunately the Upper Tribunal has referred a case to the CJEU on this issue.

Beneficiaries of Zambrano who face threat of deportation under Paragraph 398 or The Automatic Deportation provision in the UKBA act 2007, are best advise to seek legal advise, and their representatives should asked for any appeal to be stayed until after the CJEU has replied to these questions, unless of course the Tribunal is minded to allow their appeal under Article 8 .

The opinion is out for Zambrano parents facing expulsion under automatic deportation..

It appears to be good news for Chen parents aswell, as the court appears to form the view that the provision in Zambrano is also applicabe to Chen parents, this will mark some good news for Chen parents who may not have sickness insurance or sufficient resource to apply for a permit. Although thankfully the UK has lifted it's restriction on them working.


Needless to say , I believe the court made the right call.

Another misleading and inaccurate headlines from UK toxic and xenophobic press.

http://www.telegraph.co.uk/news/worldne ... inals.html

The CJEU said the primary carer of British child, should not be removed.

But Telegraph a paper that likes to mislead the public has put up an headline that is wholly designed to mislead with setting out full fact.

After 2 year, the judgement is finally out.

It is official, automatic deportation cannot be used on Zambrano parents.

The Criteria in Regulation 21 of the EEA Regulation and Article 27 and 28 of Directive 2004/38EC must apply.

CS won their case.

Secretary of State for the Home Department v CS