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European Law Paper - Essay Example

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Case C-200/03 Zhu and Chen [2004] ECR 1-9925 Background Facts Mr. and Mrs. Chen are both nationals of China and Mr. Chen works for a Chinese company of which he is a majority shareholder and director. As such Mr. Chen travels throughout the EU quite often and more especially to the UK…
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European Law Paper
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Download file to see previous pages Moreover, by virtue of Section 6(3) any person born in Ireland becomes an Irish citizen if that person does not have the right to citizenship elsewhere. Pursuant to Section 6(1) and (3), the Irish authorities approved an Irish passport for Catherine in September 2000. Since the UK no longer applies the doctrine of jus soli (recognition of the citizenship conferred by any of its territories), Catherine was not automatically entitled to be recognized as a national of the UK under the British Nationality Act 1981. The facts reveal that Mrs. Chen went to Ireland for the purpose of enabling Catherine (the child she was pregnant with at the time) to become a citizen of Ireland and to therefore permit her to take up residence within the UK with Catherine. The court at first instance determined that Ireland is a part of the Common Travel Area under the Immigration Acts. As such Catherine as opposed to Mrs. Chen is entitled to move around the UK and in Ireland as she chooses to. However, Mrs. Chen and Catherine did not have the right to live in the UK under UK law. The Secretary of State for the Home Department denied an application for a permit to reside in the UK to Mrs. Chen and Catherine on the grounds that Catherine who was an infant was not asserting EC Treaty rights pursuant to Regulation 5(1) of the EEA Regulations and Mrs. Chen does not have a right to live in the UK pursuant to Regulation 5(1) of the EEA. Mrs. Chen appealed this decision to the Immigration Appellate Authority. The Appellate Authority ordered a stay of the appeal until such time as a reference to the Court of Justice could be determined. The questions referred to the Court of Justice generally asked for a determination of whether or not Directive 73/148, Direction 90/364 or Article 18 of EC Treaty read together with Articles 8 and 14 of the European Convention on Human Rights ...Download file to see next pagesRead More
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