SM (Algeria) v Entry Clearance Officer, UK Visa Section

European Union – Freedom of movement. The Court of Appeal, Civil Division, allowed an appeal by the Entry Clearance Officer against a decision of the Upper Tribunal (Immigration and Asylum Chamber) that had determined that a child adopted in Algeria was an 'extended family member' within the meaning of reg 8 of the Immigration (European Economic Area) Regulations 2006, SI 21006/1003, and therefore entitled to be issued with an EEA family member permit to enter the United Kingdom. The court held that she was not a family member within the meaning of art 2 of Parliament and Council Directive (EC) 2004/38 and reg 7 of the Regulations and, consequently, she did not fall within art 3 of the Directive read together with reg 8 of the Regulations.

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