The decision refusing to grant a residence card to a third country national who is a family member of a European Union citizen must be notified to the person concerned within the six-month period following the date when the request is made, the EU Court of Justice states in a ruling delivered on Wednesday 27 June (Case C-246/17).
On 25 November 2014, Ibrahima Diallo, a Guinean national and father of a child with Dutch nationality residing in Belgium, introduced a request for a residence card. On 22 May 2015, the Belgian authorities adopted a decision to refuse residence accompanied by an order to leave the territory. This was notified to the applicant on 3 June 2015, i.e. six months and nine days after the request had been made.
The decision was annulled by Belgian law on 29 September 2015. On 9 November 2015, the Belgian authorities issued Diallo with a further refusal to allow residence, together with an order to leave the territory. The reason given was that Diallo had not satisfied the conditions stipulated to enjoy the right of residence for more than three months.
In its ruling, the Court considers that a decision relating to the request for a residence card of a family member of a Union citizen must be adopted and notified within a period of six months as specified in Directive 2004/38 on the freedom of movement and stay for citizens of the EU.
The notion of “issuing” implies that, within a delay of six months, the relevant national authorities should examine the request, adopt a decision, notify it and, if the decision is positive, deliver the residence card to the person making the request.
The Court explains that, once the six-month period is over, member states can no longer issue a residence card without ascertaining beforehand that the applicant fulfils the conditions required. Silence on the part of the administration during a six-month period from when the request is submitted cannot be considered a decision to accept the request, it states.
Finally, the European judge deems that, when a decision refusing issuance of a residence card is annulled by the courts, the relevant national authority does not have a further six-month delay in which to take a new decision, as this must be made within a reasonable time period. (Original version in French by Mathieu Bion)