Comments on Mary Carpenter v Secretary of State, 11 July 2002 (Case C-60/00)

Introduction:

The Court of Justice has delivered a judgement of significance for family reunification rights, but it is a judgment that may have significant implications for Community Law well beyond the confines of immigration law. First, could Mr Carpenter and his family benefit from Community Law rights at all, or were they all in a ‘purely internal situation’ because of his residence in the UK, his state of origin? Second, if Mr Carpenter was not in a purely internal situation, was his wife’s right to reside with him in the UK protected as a consequence of this – and if so, how? Third, if Community Law does grant her a right of residence to stay with her husband in the UK, under what conditions may this be restricted – and are such conditions present in the current case?

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