CJEU considers legality of deporting parent of EU citizen minor with criminal record to country outside EU


Re: Secretary of State for the Home Department v CS (Case C-304/14)

Request for a preliminary ruling made by the Upper Tribunal (Immigration and Asylum Chamber) concerning the interpretation of Article 20 TFEU. Whether EU law precluded non-Union nationals being expelled from a member state, where they were the primary carer of a child who was a member state citizen and where the child would be deprived of the genuine enjoyment of the substance of their EU rights as a result of the deportation.

Held: Article 20 TFEU had to be interpreted as precluding legislation which required third-country nationals with criminal convictions to be expelled from the territory of that member state, where the third-country national was the sole carer of an EU citizen minor and the expulsion would oblige the minor to leave the EU. Automatic expulsion due to criminal conduct was not permissible, where it would deprive an EU citizen child of the genuine enjoyment of the substance of their EU rights. A derogation from Article 20 TFEU could only be justified on particular grounds, such as public policy or security.

Raza Husain QC and Takis Tridimas were involved in this case.