Carpenter v Secretary of State for the Home Department ; Case C-60/00
| Jurisdiction | England & Wales |
| Judgment Date | 13 September 2001 |
| Date | 13 September 2001 |
| Court | Court of Appeal (Civil Division) |
COURT OF APPEAL
Before G. C. Rodriguez Iglesias, President and Judges N. Colneric, S. von Bahr, C. Gulmann, D. A. O. Edward, J.-P. Puissochet, M. Wathelet, R. Schintgen and J. N. Cunha Rodrigues
Advocate General C. Stix-Hackl
Judgment July 11, 2002
The deportation of an immigration overstayer was precluded by the Community principle of freedom to provide services where the person's spouse, a Community national, provided business services in other member states and their family life would be caused detriment by the separation.
The Court of Justice of the European Communities so held on giving a preliminary ruling on a reference under article 234 EC by the Immigration Appeal Tribunal.
The applicant, Mary Carpenter, a national of the Philippines, was given leave to enter the United Kingdom as a visitor for six months. She overstayed that leave and failed to apply for any extension of her stay. She subsequently married Peter Carpenter, a United Kingdom national.
Mr Carpenter ran a business selling advertising space in medical and scientific journals and offered various administrative and publishing services to the editors of those journals.
The business was established in the United Kingdom, but a significant proportion of the business was conducted with advertisers established in other member states of the European Community and Mr Carpenter travelled to those countries for the purpose of his business.
Mrs Carpenter applied to the Secretary of State for the Home Department for leave to remain as the spouse of a United Kingdom national but her application was refused and the secretary of state also decided to make a deportation order against her.
Mrs Carpenter appealed, maintaining that she had a right to remain in the United Kingdom under Community law, as her husband's business required him to travel around in other member states providing and receiving services, and her presence would make it easier for him to do so as she was looking after his children from his first marriage, so that her deportation would restrict her husband's right to provide and receive services under article 49 EC (previously article 59 EC).
The Immigration Adjudicator was satisfied that Mrs Carpenter's marriage was genuine, that she played an important part in the upbringing of her stepchildren, and that she could be indirectly responsible for the increased success of...
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