250It also follows from recital 6 of Directive 2008/115 that that return decision must be taken following a fair and transparent procedure. More specifically, pursuant to Article 5 of that directive, when the competent national authority is contemplating the adoption of a return decision, it must, on the one hand, observe the principle of non-refoulement and take due account of the best interests of the child, family life and the state of health of the third-country national concerned and, on the other hand, hear the person concerned on that subject (see, to that effect, judgment of 8 May 2018, K.A. and Others (Family reunification in Belgium), C‑82/16, EU:C:2018:308, paragraphs 101 to 103).
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