16th Feb 2012

Facts

The Home Office's delay of over two-and-a-half years in issuing an EEA residence card to the unmarried partner of an EU citizen resident in the United Kingdom did not give rise to any private law claim for damages for breach of statutory duty under the TFEU, Directive 2004/38 or the Immigration (European Economic Area) Regulations 2006. The delay could not, in the absence of malice, found a claim based on misfeasance in public office, and had not given rise to any breach of rights under the European Convention on Human Rights 1950 art.8 since it had not severely impacted on the couple's ability to live together in the UK as a family.


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