35It therefore follows from Article 6(2) that a third-country national staying illegally in the territory of a Member State whilst having a right of residence in another Member State should be allowed to return to the latter, rather than be issued a return decision from the outset, unless public policy or national security so requires (see, to that effect, judgment of 16 January 2018, E, C‑240/17, EU:C:2018:8, paragraph 46).
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