In October, we had initial success of a grant of leave in an EU Treaty Rights case on the issue of dual nationality. Further updates to follow on this point! In the meantime, if you have any questions on this issue, please contact us.
LEAVE GRANTED IN EU TREATY RIGHTS CASES CONCERNING DUAL NATIONALITY
We are happy to say that we were granted leave this week to issue judicial review proceedings concerning two cases where the issue of dual nationality of the EU person had arisen.
One of the cases concerns the Department’s refusal to grant the spouse of an EU national rights of residency under the Free Movement of Persons Directive 2004/38EC. The Department held that the applicant could not come within the ambit of the Directive as a person (his spouse) who possesses dual nationality cannot claim EU Treaty Rights in the State. This is an interesting point and we look forward to following the progress of this case when it next appears in court.