Singh
ex parte Secretary of State for the Home Department [1992] ECR I-4265
is formed by two principles, namely the principle of the efficacious enjoyment of Treaty rights and the principle of non-discrimination.
(ii)
These are the two principles to which Tribunals must have particular regard in deciding cases in which the appellant does not satisfy any of the provisions of the Immigration (European Economic Area) Regulations.
(iii)
The co-existence of the decision in Surinder Singh with Directive 2004/38/EC (“the Citizens Directive”) raises questions which may require to be determined in some appropriate future case.
DECISION AND REASONS
I
ntroduction
1.This appeal has its origins in a decision made on behalf of the Secretary of State for the Home Department (hereinafter the “Secretary of State”), the Respondent, dated 30 April 2014 whereby the Appellant’s application for a residence card under the Immigration (EEA) Regulations 2006 (hereinafter the “EEA Regulations“) was refused. The Appellant’s appeal against this decision was dismissed. The central question of law raised by this appeal concerns the ambit of the decision of the European Court of Justice (the “ECJ “) in the case of R v Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department (Case C-370/90); [1992] ECR I-04265 (hereinafter Surinder Singh).
F