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Of course he couldn't do that! He is instructed to act in his client's best interests, not yours.archigabe wrote: If anyone here is using Derek Stewart who is also Kumar's attorney, they should ask Derek to put Kumar's case on hold for now and take someone else's case which is stronger to the High court or supreme Court. He can then use that judgement to help Kumar as well.
Case C-1/05,
REFERENCE for a preliminary ruling under Article 234 EC, made by the Utlänningsnämnden (Sweden), by decision of 30 December 2004, received at the Court on 4 January 2005, in the proceedings
Yunying Jia v Migrationsverket,The Court (Grand Chamber) hereby rules:
1. Having regard to the judgment in Case C‑109/01 Akrich [2003] ECR I‑9607, Community law does not require Member States to make the grant of a residence permit to nationals of a non-Member State, who are members of the family of a Community national who has exercised his or her right of free movement, subject to the condition that those family members have previously been residing lawfully in another Member State;
(5)The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality. For the purposes of this Directive, the definition of ‘family member’ should also include the registered partner if the legislation of the host Member State treats registered partnership as equivalent to marriage.
(6)In order to maintain the unity of the family in a broader sense and without prejudice to the prohibition of discrimination on grounds of nationality, the situation of those persons who are not included in the definition of family members under this Directive, and who therefore do not enjoy an automatic right of entry and residence in the host Member State, should be examined by the host Member State on the basis of its own national legis-lation, in order to decide whether entry and residence could be granted to such persons, taking into consideration their relationship with the Union citizen or any other circumstances, such as their financial or physical dependence on the Union citizen.