Euroean Union Law - Essay Example

According to these stipulations, Ricky’s wife, his children of previous marriage can be considered as his family members and therefore are entitled to remain with him in France. Moreover, there is no dispute regarding their status. Taking the case of Ricky, he is sought to be deported on the grounds of his conviction for dangerous driving and his similar antecedents. Article 28 (1) provides for deportation of an individual only on the grounds of public policy or security giving due regard to the length of residency, age, health, family and economic situation, cultural integration into the host state, and enduring ties with the country of his origin.

This is not applicable for an individual if he has already resided in the host state for more than five years as per article 28(2) except on serious grounds of public policy and public security. This will apply to criminals like terrorists, serial rapists and murderers.2 In Watson & Bellmann3, court had held that deportation could not be automatic and that the migrant could not be deported for flimsy reasons of not having failed to report at a police station. Principle of proportionality should be applied.

Applying these provisions, Ricky, in spite of his still not having completed five years of residence, cannot be deported for the conviction for dangerous driving. He has apparently been only fined and not sentenced to imprisonment. Katy and Tom are also sought to be deported for their respective activities. While Katy is just associated with an extreme political group not banned though and Katy is not charged or convicted for any offence and there is no condition placed on a person preventing her from engaging in political activity, Tom has been convicted for possessing and selling illegal drugs.

As seen above, deportation must be made only in the interest of public policy and threat to