Bajratari (Ermira) v Secretary of State for the Home Department and The Aire Centre
| Jurisdiction | Northern Ireland |
| Judge | McCloskey J |
| Neutral Citation | [2017] NICA 74 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 15 December 2017 |
1
Neutral Citation No: [2017] NICA 74
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: McC10465
Delivered: 15/12/2017
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
ON APPEAL FROM THE UPPER TRIBUNAL, IMMIGRATION AND ASYLUM
CHAMBER
________
ERMIRA BAJRATARI
Appellant;
-and-
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent.
-and-
THE AIRE CENTRE
Intervenor
________
Before: Morgan LCJ, Gillen LJ and McCloskey J
________
Order For Reference to the Court of Justice of the European Union pursuant to
Article 267 of the Treaty on the Functioning of the European Union
Introduction
[1] By this reference Her Majesty’s Court of Appeal in Northern Ireland requests
the Court of Justice of the European Union (the “CJEU”) to provide a preliminary
ruling on an issue of EU law relating to the status of a non-EU citizen claiming a
derivative right of residence in the United Kingdom relying on the EU citizenship
status of her child.
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1 cases
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Upper Tribunal (Immigration and asylum chamber), 2020-01-14, EA/00032/2018
...asked to follow the decision of the Court of Appeal of Northern Ireland in Bajratari v Secretary of State for the Home Department [2017] NICA 74, declined to do so, deciding to follow the decisions from the Court of Appeal in England and Wales. Permission to appeal against that decision was......