K.A. and others v Belgische Staat

European Union – Immigration. Directive (EC) 2008/115, in particular arts 5 and 11 thereof, should be interpreted as not precluding a practice of a member state that consisted in not examining an application for residence for the purposes of family reunification, submitted on its territory by a third-country national family member of a Union citizen who was a national of that member state and who had never exercised his or her right to freedom of movement, solely on the ground that that third-country national was subject to a ban on entering the territory of that member state. The Court of Justice of the European Union so held, among other things, in a preliminary ruling in proceedings concerning the refusal by the relevant Belgian authority of the applicants' applications for residence for the purposes of family reunification and, as the case might be, to issue an order to them to leave Belgium or to comply with an order to leave Belgium.

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