Press Release: Advocate General’s Opinion in Cases C-165/14 Alfredo Rendón Marín v Administración del Estado and C-304/14 CS v Secretary of State for the Home Department

According to Advocate General Szpunar, a non-EU national having sole care and control of a minor child who is a citizen of the EU may not be expelled from a Member State or be refused a residence permit simply because he has a criminal record.

No deportation measure may be adopted unless it is proportionate and based on imperative reasons relating to public security and on the personal conduct of the non-EU national; this conduct must constitute a genuine, present and sufficiently serious threat.