Zambrano [2011] EUECJ C-34/09 (08 March 2011)
Zambrano establishes an important principle: The principle that an EU Citizen cannot be required by the operation of national immigration laws to depart the EU and that the ability of the EU Citizen to enjoy their fundamental rights can require a right of residence to be granted to non-EU family members. Whether this argument should take centre stage will depend on the facts of the case and an applicant’s prospects of success by more traditional routes. However, it should be run wherever appropriate and is likely to be particularly appropriate where a person has little or no prospect of succeeding under the Immigration Rules.
