But is that actually really true, especially in the case where the family member has a valid Residence Card?The non-EU family member can only travel on the basis of European law if they are traveling with (or joining) the EU citizen
Directive 2004/38/EC is clear that possession of a Residence Card exempts the holder from the requirement to have a visa. This is a new addition to free movement law (not from ECJ case law as far as I know) and it does not add an explicit requirement that the RC holder be traveling with or joining the EU citizen.
Maybe this is the hickup, but maybe not...Article 5 -- Right of entry
2. ... For the purposes of this Directive, possession of the valid residence card referred to in Article 10 shall exempt such family members from the visa requirement.
So maybe the family member could enter but not "reside"...Article 6 - Right of residence for up to three months
2. The provisions of paragraph 1 shall also apply to family members in possession of a valid passport who are not nationals of a Member State, accompanying or joining the Union citizen.
Ireland
Ireland recently changed it's law to allow RC holders visa free access to the country. There does not seem to be a requirement of the law, Immigration Act 2004 (Visas) Order 2011, that the EU family member be traveling along. http://www.immigrationboards.com/viewtopic.php?t=78980 for more details. The Irish law just says that if you have a Residence Card, then you do not need a visa.
http://www.immigrationboards.com/viewto ... 328#536328 is an example of somebody entering Ireland on their RC without the family member and having no problem.