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NA (Pakistan): EU Rights of Residence for Victims of Domestic Violence

3 July 2015

'The AIRE Centre (represented by Liz Barratt at Bindmans, and Tim Buley and Richard Drabble QC from Landmark Chambers) has made written observations to the CJEU (Court of Justice of the European Union) as an intervener in the case of NA (Pakistan).
The case raises important questions about EU rights of residence and victims of domestic violence.
 
In February this year the Court of Appeal gave judgment in the case (http://www.bailii.org/ew/cases/EWCA/Civ/2015/140.html) and referred a number of questions to the CJEU about
  • Retained rights of residence under Article 13 (2) of the free movement Directive (2004/38/EC) in the event of divorce from a Union Citizen. The issue is whether it is necessary for a person seeking to rely on Article 13(2) to show that they have continued to exercise a derivate right of residence up until the moment of divorce, and if so whether this applies in cases where the Union Citizen has perpetrated domestic violence against their former spouse. 
  • Whether Article 21 TFEU (the citizen’s right of movement) combined with Article 7 of the Charter of Fundamental Rights (the family life guarantee identical to Article 8 ECHR In content) gave rise to an EU right to reside if expulsion of EU nationals to their country of origin would breach their Article 8 rights. The Upper Tribunal had already concluded (in a part of its judgment that was not appealed) that to make NA (a Pakistani) national move to either Pakistan or Germany (the country of which her young children were nationals) would breach her Article 8 ECHR rights, given the strong links the family had with the UK. 
  • Clarification of the CJEU’s Texeira case-law on EU rights of residence when children of EU workers entered the host state’s education system.

 

Read our written observations here

 

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