Judgments in Case C-165/14 Alfredo Rendón Marín v Administración del Estado and Case C-304/14 Secretary of State for the Home Department v CS

EU law does not permit a national of a non-EU country who has the sole care of an EU citizen who is a minor to be automatically refused a residence permit or to be expelled from the territory of the European Union on the sole ground that he has a criminal record.

In order to be capable of being adopted, an expulsion measure must be proportionate and founded on the personal conduct of the national of a non-EU country and that conduct must constitute a genuine, present and sufficiently serious threat adversely affecting one of the fundamental
interests of the society of the host Member State.

• Primary Source

Blog: EU Law Analysis, 27.09.16: CS and Rendón Marín: Union Citizens and their Criminal Third-Country National Parents – A Resurgence of the Ruiz Zambrano Ruling? http://eulawanalysis.blogspot.co.uk/2016/09/cs-and-rendon-marin-union-citizens-and.html

ESO: Background information: 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 http://www.europeansources.info/record/press-release-advocate-generals-opinion-in-cases-c-165-14-alfredo-rendon-marin-v-administracion-del-estado-and-c-304-14-cs-v-secretary-of-state-for-the-home-department/

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