Immigration – European Union Treaty. There was no coherent policy rationale why the derived right of facilitation under European Union Law sought to be relied on by the respondent, should be limited to cases in which the third country national who was a 'durable partner' had made an application to the immigration authorities of the relationship Member State. The Court of Appeal, Civil Division, accordingly dismissed the Secretary of State's appeal and obliged her to reconsider the respondent's application for a residence card taking the derived right of facilitation into account.