The test of compulsion is thus a practical test to be applied to the actual facts and not to a theoretical set of facts.
As explained in para 28 of this judgment, on the FTT’s findings, the son would be compelled to leave with his father, who was his primary carer. That was sufficient compulsion for the purposes of the Zambrano test. There is an obvious difference between this situation of compulsion on the child and impermissible reliance on the right to respect for family life or on the desirability of keeping the family together as a ground for obtaining a derivative residence card. It follows that
- DECISION AND REASONS
- kground
- and Issues in Dispute
- Evidence of the appellant
- Evidence of the appellant’s partner
- Documentary evidence
- Assessment of the evidenc
- Findings of Fact
- respondent
- t would be disproportionate for the appellant to be removed unless she would be able to re-enter the UK
- Immigration Rules
- Chikwamba
- principle’)
- must
- Nationality Immigration and Asylum Act 2002
- and the reasonableness of expecting the appellant’s daughter to leave the UK
- (Case C-34/09)
- the appellant’s
- her daughter
- being deprived of the genuine enjoyment of the substance of her European Union citizenship rights
- The test of compulsion is thus a practical test to be applied to the actual facts and not to a theoretical set of facts.
- the Court of Appeal was wrong in this case to bring the question of the mother’s choice into the assessment of compulsion.
- Decision