Case Comment: SM (Algeria) v Entry Clearance Officer, UK Visa Section [2018] UKSC 9 Part Two

Lady Hale found reason to consider that Susana qualified for automatic rights of entry and residence as a “direct descendant” which includes consanguineous children, grandchildren and other blood descendants in the direct line. The parties agreed that the expression must include those descendants who have been lawfully adopted in accordance with the requirements of the host member state. Yet the court opined that its reach is wider than that. “Direct descendant” is an autonomous term in EU law and it needs to be uniformly interpreted throughout the EU. Four points confirmed this analysis. First of all, guidance on the Directive’s better transposition and application (Com (2009) 313 final) extends the notion of direct relatives in the descending and ascending lines to adoptive relationships or minors in custody of a permanent legal guardian. The degree of relatedness in unrestricted. Secondly, it was clear from AG Bot’s reasoning…

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