No error in law in decision refusing Pakistani national a residence card

By: James Cross BL

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High Court refuses judicial review of the decision of the Minister for Justice refusing a Pakistani national a residence card, on the grounds that the Minister did not err in law in determining that he was not a member of his cousin’s household in the United Kingdom, and that he failed to establish that he was dependent on his cousin.

Judicial review – asylum and immigration – substantive decision - Pakistani national challenging the decision of the Minister for Justice to refuse him a residence card – claimed to be a permitted family member as his cousin is a British and therefore EU citizen – free movement of persons – Minister found that he failed to establish that he was dependent on his cousin or in the alternative that he was a member of his household – procedural history - conditions governing the exercise of the right of free movement and residence within the territory of the Member States by Union citizens and their family members – whether the Minister erred in law in her interpretation of the term 'member of the household of the Union citizen having the primary right of residence' in concluding that he had failed to establish that he had been a member of the household of his cousin in the United Kingdom – meaning of 'member of the household of the Union citizen having the primary right of residence' - whether the Minister erred in law in her interpretation of the term 'dependant of the Union citizen having the primary right of residence' in concluding that he had failed to establish that he had been a dependant of his cousin in the United Kingdom – meaning of 'dependant of the Union citizen having the primary right of residence’ - onus was on him to satisfy the Minister by cogent evidence that was in part documented and could be tested that the level of material support he received from his cousin, its duration, and its impact upon his personal financial circumstances combined together to meet the material definition of dependency – Minister concluded that he failed to do so – nothing to suggest that the Minister failed to have regard to any of the evidence submitted – judicial review refused.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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