[1] The child's mother, Man Lavette Chen, had selected Northern Ireland as a birthplace for her daughter so that she could gain Irish nationality.

However, British authorities rejected the family's application for permits to reside permanently in the United Kingdom.

On appeal, adjudicator Michael Shrimpton of the Immigration Appellate Authority referred the decision to the European Court of Justice, which ruled that, as a citizen of the European Union, Catherine Zhu had a right under Article 18 of the EC Treaty to reside anywhere in the EU, and that denying residency to her parents at a time when she is unable to look after herself would conflict with this basic right.

In circumstances such as those of the main proceedings, the position is exactly the opposite in that the holder of the right of residence is dependent on the national of a non-member country who is her carer and wishes to accompany her.

In those circumstances, Mrs Chen cannot claim to be a ‘dependent’ relative of Catherine in the ascending line within the meaning of Directive 90/364 with a view to having the benefit of a right of residence in the United Kingdom.