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Essay / Research Paper Abstract
This 4 page paper is an outline of the case of Mary Carpenter v Secretary of State for the Home Department (Case C-60/00). The writer outlines the facts and then looks at the decision made by the European Court. The bibliography cites 3 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TEcarptr.rtf
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Unformatted sample text from the term paper:
country to a foreign national who overstays then marries and applies for leave to stay under Article 49 (Lexis, 2003). The facts of the case were that a
Philippine national, now known as Mary Carpenter, entered the UK in 1994 under a visitors permit. This allowed her to stay in the country for a period of six months
only. However, Mary stayed in the country beyond this date. In May 1996 she then married a British National; Peter Carpenter. Peter was a father with two children
who also had a business (Lexis, 2003). When she married Peter she stayed in the home and looked after Peters two children. Mr Carpenter was the sole owner of
a small advertising business which sold advertising space in periodicals, which involved travel over Europe (Lexis, 2003). He regularly travels to sell the space and also to attend relevant meetings.
In July 1996 Mrs Carpenter applied to the Secretary of State for the Home Department in order to gain leave to stay in the country as the spouse
of a United Kingdom national (Lexis, 2003). Following this application there was a refusal to grant leave and the Secretary of State issues a deportation order to expel Mrs Carpenter
from the country due to her overstay. This decision was challenged by Mrs Carpenter at the Immigration Appeal Tribunal on the basis that Article 49 could give her the
right to stay (Lexis, 2003). The Immigration Appeal Tribunal referred the case to the Court of Justice of the European Communities to consider if, a spouse that s not
a citizen of an EU member state but married to an EU national, can gain a right of residency under EU law (Lexis, 2003). This case looked to article
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