The IND’s practice that the right of residence of (a family member of) an EU citizen can end without any weighing of interests is incorrect, because in conflict with EU law. This is the final decision of the (Administrative Law Division of the) Council of State in a number of judgments published this week. According to the Council of State, the highest judge in immigration cases, a weighing of interests must always be made in case of a termination of the right of residence of (a family member of) an EU citizen. This also applies if the IND states that the requirements for this right of residence have never been met and that this right of residence has never existed. The IND’s practice that this right of residence is not, is no longer or has never been established, for example because of an appeal to social assistance or because it has not been demonstrated that there are sufficient resources, without weighing of interests, is in conflict with the EU law and needs to be adapted. You can find one of these statements here (in Dutch language).
If the IND determines that your EU right of residence does not exist or no longer exists, it is highly advisable to have a specialist in EU immigration law assess whether this has been done correctly and, if necessary, to litigate. For more information about this subject, you can contact EU-immigration specialist Scheers Advocatuur.