Freedom of Movement in UK Law

Leading Cases
  • R v Secretary of State for the Home Department, ex parte Simms
    • House of Lords
    • 08 juliol 1999

    Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual.

  • Bigia v Entry Clearance Officer
    • Court of Appeal (Civil Division)
    • 19 febrer 2009

    Similarly, whilst an OFM in a non-Member State may be financially dependent upon a Union citizen because he is provided with accommodation or living expenses by the Union citizen, there is no reason why the Union citizen's movement to the host Member State would be discouraged.

  • R (Razgar) v Secretary of State for the Home Department
    • Queen's Bench Division (Administrative Court)
    • 20 novembre 2002

    Mr Kessler in his first report dated 19th September 2000 stated that he had worked as a refugee adviser for 15 years and had other substantial credentials in the refugee field in Germany. In his view there was little chance of the claimant gaining refugee status in Germany. His legal status, if returned, was that he would receive a "Duldung", a form of tolerated status giving temporary protection from prosecution for remaining in Germany, though the stay would still be technically illegal.

  • KG (Sri Lanka) v Secretary of State for the Home Department; AK (Sri Lanka) v Same
    • Court of Appeal (Civil Division)
    • 21 maig 2008

    The tight relationship between the exercise of rights by the Union citizen and the requirement that the OFMs accompanying or joining him should have been his dependants or members of his household in the country from which they have come very strongly suggests that that relationship should have existed in the country from which the Union citizen has come, and thus have existed immediately before the Union citizen was accompanied or joined by the OFM.

  • Austin v Commissioner of Police of the Metropolis
    • House of Lords
    • 28 gener 2009

    I would hold therefore that there is room, even in the case of fundamental rights as to whose application no restriction or limitation is permitted by the Convention, for a pragmatic approach to be taken which takes full account of all the circumstances.

  • R v Deputy Governor of Parkhurst Prison and Others, ex parte Hague ; Weldon v Home Office
    • House of Lords
    • 24 juliol 1991

    The prisoner is at all times lawfully restrained within closely defined bounds and if he is kept in a segregated cell, at a time when, if the rules had not been misapplied, he would be in the company of other prisoners in the workshop, at the dinner table or elsewhere, this is not the deprivation of his liberty of movement, which is the essence of the tort of false imprisonment, it is the substitution of one form of restraint for another.

  • R v Rahman
    • Court of Appeal (Criminal Division)
    • 23 maig 1985

    We turn then to consider what it is that has to be proved in order to bring home a charge of false imprisonment. False imprisonment consists in the unlawful and intentional or reckless restraint of a victim's freedom of movement from a particular place. In other words it is unlawful detention which stops the victim moving away as he would wish to move.

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Legislation
  • Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020
    • UK Non-devolved
    • 01 de gener de 2020
    ... ... 20An Act to make provision to end rights to free movement of persons under retained EU law and to repeal other retained EU law ... of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union ... Annotations: Commencement ... ...
  • Bermuda Constitution Order 1968
    • UK Non-devolved
    • 01 de gener de 1968
    ... ... 8. Protection of freedom of conscience ... (a) Rev. III, p. 119 ... (b) S.I. 1953 II, p ... 11. Protection of freedom of movement ... 12. Protection from discrimination on the grounds of race, etc ... ...
  • The Accession (Immigration and Worker Registration) Regulations 2004
    • UK Non-devolved
    • 01 de gener de 2004
    ... ... In general nationals of these States will have the same free movement rights as nationals of the existing Member States. The Accession Treaty ... ...
  • Education Authority Bursaries (Scotland) Regulations 1995
    • UK Non-devolved
    • 01 de gener de 1995
    ... ... of Article 7 or 12 of Council Regulation  (EEC) No 1612/68 on freedom of movement for workers within the Community (which was extended to apply ... ...
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Books & Journal Articles
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Law Firm Commentaries
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