- Supreme Court clarifies law on deporting Zambrano carers (Robinson v SSHD)
- What are the practical implications of the judgment?
- What was the background?
- What did the Supreme Court decide?
- Case details
Immigration analysis: The Supreme Court has held that a Zambrano carer (a third-country national who is the primary carer of a dependent EU citizen child) can be deported where the carer’s conduct represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society and that threat outweighs the child’s fundamental rights. The requirement in the case law of the Court of Justice that the carer could only be deported in ‘exceptional circumstances’ was not an additional hurdle which a Member State had to satisfy but merely an exception to the general rule that the child should not be compelled to leave the territory of the EU. Iain Palmer, counsel, of Barnes, Harrild & Dyer Solicitors, who appeared for the appellant in this case, examines the court’s judgment.
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