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The Supreme Court has issued a ruling that rejects that an Ecuadorian citizen, a parent of a minor of Spanish nationality, has access to temporary residence in Spain, having been twice convicted of crimes of domestic and gender-based violence.

The Administrative Litigation Chamber explains that the applicant for the residence is "a national of a third state" who invokes as justification of his right to residence to be the father of a Spanish minor. The High Court believes that this petition "is not compatible with certain criminal behaviors that have a negative impact on the situation of family roots, assuming a serious alteration of family life and with it the scope of the child's life."

In the judgment, known by THE WORLD, the magistrates also state that the applicant must comply with the prohibition of approaching the victim and communicating with the victim, which means "the breakdown of family life." "All of which," the judges add, "becomes more relevant when a right derived from the rights and protection of the child in the family is being invoked."

The Supreme Court emphasizes in the sentence that the Aliens Law, after defining the situation of temporary residence, establishes in general that to authorize it, regardless of cause, the requirement of lacking a criminal record in Spain or in The countries of residence.

However, when it comes to authorization situations for strict reasons of "family roots", both the fact that the child is a citizen of the European Union and the rights of the child that may be affected should be denied if residence is denied to Your father or mother.

The Third Chamber emphasizes that in this type of assumptions "a conclusion cannot be drawn automatically based solely on criminal records." In contrast, an assessment of the set of circumstances must be made in accordance with the principle of proportionality, the best interests of the child and the fundamental rights at stake of those affected.

When analyzing this resource in question, where the father was convicted of crimes of physical abuse and gender-based violence, it is valued that the parent made his residency application on April 21, 2016, while his registration was made a month earlier; when the other members of the family were registered since 2006 and 2008, "which reflects the family situation at that time."

In the case of criminal records for the crime of domestic and gender-based violence, the Supreme Court concludes that "these behaviors directly affect family roots and especially the necessary protection of the child against any form of ill-treatment; physical, psychological or emotional. "

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