Robinson (Jamaica) v Secretary of State for the Home Department [2020]UKSC 53 (16 December 2020)


When seen against the background of the analysis beginning at para 34, it is clear that the GJEU did not add any additional criterion through the use of the words “exceptional circumstances “. On the contrary, and as the Court of Appeal correctly decided,it was simply explaining that,in the prescribed circumstances,an exception could be made to the general rule that a Zambrano carer could not be compelled to leave the territory of the Union.
It was not starting that certain undefined “ exceptional circumstances” had first to be demonstrated.

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