Chen v. Home Secretary

C-200/02 (19 October 2004) (2004)

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Chen v. Home Secretary

European Union Court of Justice
C-200/02 (19 October 2004) (2004)

KS

Facts

In 2000, Man Lavette Chen (plaintiff), a citizen of China, entered the United Kingdom (UK) to ensure her child acquired Irish nationality. Chen gave birth to her daughter, Kunqian Catherine Zhu, in Belfast, Northern Ireland. Chen and Zhu then moved to Wales, UK. China considered Zhu an Irish national and not a citizen of China. Zhu possessed no long-term right to live in China. Zhu obtained Irish nationality because she was born in Ireland and was not entitled to the citizenship of any other country. Zhu was not a UK citizen but did possess a right to free movement within Ireland and the UK. Chen applied for a long-term residence permit from the UK on behalf of Zhu and Chen. The secretary of state for the home department (defendant) denied the resident-permit applications. Chen and Zhu appealed to the Immigration Appellate Authority. The Immigration Appellate Authority stayed the proceedings and sought a preliminary ruling from the European Union Court of Justice to determine the applicability of the Treaty on the Functioning of the European Union (the treaty) to Chen and Zhu’s applications for residence permits.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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