R (on the application of Benjamin and another) v Secretary of State for the Home Department

Immigration – Leave to enter. The claimants sought judicial review of the defendant Secretary of State's refusal to grant a European Economic Area family permit and entry clearance to enable the second claimant Kenyan national to enter and reside in the United Kingdom with her husband, the first claimant, and their three children. The Administrative Court stayed those proceedings pending determination of the claimants' statutory appeal and the Court of Justice of the European Union's determination on the court's reference in R (on the application of McCarthy and others) v Secretary of State for the Home Department ([2012] All ER (D) 372 (Nov)), concerning whether the UK's approach to residence cards issued by other member states was lawful.

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