Case C-200/02 – Zhu & Chen v Secretary of State for the Home Department

Respondent/Defendant:Secretary of State for the Home Department
Court/s:ECJ
Citation/s:[2004] ECR I-9925
Judgment Date/s:19 Oct 2004
Category:EU Treaty Rights
Keywords:Child, EU Treaty Rights, European Convention on Human Rights (ECHR), Free Movement, Freedom of Movement (Right to), Residence Permit
Country of Origin:China
URL:http://curia.europa.eu/juris/showPdf.jsf?text=&docid=49231&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=216473

Ms Chen, a Chinese national travelled to Belfast in order to give birth to her daughter Catherine on the island of Ireland (i.e. in Northern Ireland or the Republic). The child was immediately registered as an Irish citizen as provided for under the Irish Constitution as it then stood. The family wished to reside in the UK but was refused … Read More

Principles:

A Member State cannot deny residency to the mother of a child with citizenship in that Member State as to do so would be contrary to that child’s interests and contrary to Article 8 of the European Convention on Human Rights.

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