PLEASE USE CASE LAW TO BACK YOUR PARAGRAPH NO ONE HAS DONE THIS QUESTION THE WAY I WANTED AND IT IS CAUSING ME STRESS PLEASE USE IRAC METHOD TO ANSWER. IT IS A PROBLEM-SOLVING QUESTION. DO NOT RUSH THIS. I WANT IRAC STRUCTURE FOR MARTINA AND NICA

Sources of Law

Articles 20 - 21 TFEU about EU Citizenship

Articles 45 - 48 TFEU about Free Movement of Workers

Regulation 492/2011 on freedom of movement for workers within the Union https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1490090448045&uri=CELEX:32011R0492

Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32004L0038

Question:

Martina, a Spanish citizen, married Nica, a Georgian national in Tbilisi in 2003. Together they moved to Spain in 2005. Their 7-year old son, Gio, who has Georgian nationality, has lived with his grandparents in Georgia. Due to high unemployment rate in Spain, Martina struggled to find a job and therefore decided to move to Sweden in 2011 in search of a better employment prospect. Although she had been selected for a number of interviews, she was not offered any of the positions she applied for. In desperation, Martina applied for social assistance applicable to those who are unsuccessful in seeking a job. The relevant authorities refused her application on the ground that it was payable only to those who resided in Sweden for more than two years.

As she has much time to spare Martina decides to support the Green Brothers which is considered to be a radical organisation focusing on environment protection. The Swedish legislation does not ban the membership of this organisation. Martina has declared to the members of the Green Brothers that she will support only peaceful protests. Following a short period of time, Martina has received a letter from the authorities informing of her imminent deportation due to the public security threats related to the membership of the Green Brothers.

The parents of Nica have been struggling financially. They could no longer support their grandchild and therefore decided to send him to join Martina in Sweden. Gio's application to join Martina was refused by the Swedish embassy in Georgia on the ground that he was a foreign national.

Nica meanwhile lawfully resided in Spain as Martina's spouse. In the beginning of 2012, he decides to join Martina in Sweden. Although he held a valid passport and the original copy of the certificate of marriage to Martina, Nica was prevented from entering Sweden at the airport on the basis that he had no valid visa. In addition, he was informed that the authorities suspected his marriage to Martina was a 'sham'.

Advise Martina and Nica on their rights under EU Law.