Judgment in Case C-202/13. Sean Ambrose McCarthy and Others v Secretary of State for the Home Department

In a judgment made on the 18 December 2014 the European Court of Justice declared that where third-country nationals hold a ‘residence card of a family member of a Union citizen’, the United Kingdom cannot make their right of entry subject to the requirement that they must first obtain a visa.

In its report on the judgment the BBC said that some feared the decision could open up UK borders to other non-EU nationals living in Europe. UK Prime Minister David Cameron was said to disagree with the judgment.

The Guardian suggested that the decision was another setback in the government’s campaign to control immigration from the European Union.

• Primary Source

BBC News, 18.12.14: European court gives UK visa direction http://www.bbc.co.uk/news/uk-30528189

The Guardian. 18.12.14: Non-EU family members do not need visa to enter UK, says European court http://www.theguardian.com/uk-news/2014/dec/18/non-eu-family-members-visa-uk-european-court

Blog: EU Law Analysis, 18.12.14: The CJEU confirms short-term free movement rights for EU citizens’ third-country family members http://eulawanalysis.blogspot.co.uk/2014/12/the-cjeu-confirms-short-term-free.html

EurActiv, 18.12.14: EU judges says British visa rule illegal http://www.euractiv.com/sections/uk-europe/eu-judges-says-british-visa-rule-illegal-310945

Deutsche Welle, 18.12.14: Top EU court rules against Britain in visa dispute http://dw.de/p/1E6v1

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