SM (Algeria) v Entry Clearance Officer, UK Visa Section [2015] UKPC 45, [2015] All ER (D) 124 (Nov)
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 2006/1003), and therefore entitled to be issued with an EEA family member permit to enter the UK. 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.
