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EU law – Immigration – Free movement of persons – Rights of residence of EEA nationals and family members. Court of Session: In a judicial review petition by a petitioner, a Nigerian national, who applied for an EEA residence card and was issued with a Certificate of Application (CoA) and who claimed damages after the CoA's effectiveness expired and the Secretary of State refused to renew it, averring that the refusal was unlawful and had resulted in him being unable to take up a job offer, the court held that the respondent was in breach of obligations under EU law as there was no basis for refusing to issue the CoA, and the petitioner was in principle entitled to damages.
EU law – Immigration – Free movement of persons – Rights of residence of EEA nationals and family members. Court of Session: In a judicial review petition by a petitioner, a Nigerian national, who applied for an EEA residence card and was issued with a Certificate of Application (CoA) and who claimed damages after the CoA's effectiveness expired and the Secretary of State refused to renew it, averring that the refusal was unlawful and had resulted in him being unable to take up a job offer, the court held that the respondent was in breach of obligations under EU law as there was no basis for refusing to issue the CoA, and the petitioner was in principle entitled to damages.
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