Supreme Court judgment no. Appeal 28/2022, judgment Nº. 1664/2022 of 16 december 2022
Application for family roots for father of spanish national with criminal record
Keywords:
Family roots, criminal record, Spanish parent, weightingAbstract
The denial of a residence permit for family ties to the parent of a Spanish minor on the grounds that he or she has a criminal record cannot be automatic. In order to grant or deny it, it is necessary that the decision takes into account the "interest of the minor" and that a restrictive interpretation of the concepts of "public order" and "public security" is carried out. Furthermore, in the event that there is a previous judgment in which another court has assessed the revocation of an expulsion order imposed as a result of a criminal conviction of the appellant, and has determined that the family roots should prevail, for the principle of legal certainty, the second court should be required to provide a greater motivation in its decisión.
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