X and X (Judgment) [2017] EUECJ C-638/16 (07 March 2017)

X and X (Judgment) [2017] EUECJ C-638/16 (07 March 2017)

Applications for visas with limited territorial validity made on humanitarian grounds at a Member State's representation in a third country, with the intention to seek asylum and stay for more than 90 days, fall outside the scope of the Visa Code and are governed solely by national law, not EU law.

Citation
[2017] EUECJ C-638/16
Parties
Applicants: X and X; Respondent: État belge (Belgian State)
Jurisdiction
European Union
Judgment Date
07 March 2017
Procedural Posture
Preliminary Ruling (cjeu) / Judgment on Reference From National Court
Outcome
Reference answered; application for humanitarian visa for purpose of seeking asylum falls outside Visa Code, governed by national law.
Legal Topics
Visa Code Interpretation, Humanitarian Visas, Right to Asylum, Non Refoulement, Jurisdiction of EU Law, Application of Charter of Fundamental Rights
European Union Law Immigration Law Human Rights Law Visa Code Interpretation Humanitarian Visas Right to Asylum Non Refoulement Jurisdiction of EU Law +1 more

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Parties

X and X

Applicants

État belge (Belgian State)

Respondent

Procedural Posture

Preliminary Ruling (cjeu) / Judgment on Reference From National Court

Legal Issues

  1. 1 Whether Article 25(1)(a) of the Visa Code obliges Member States to issue humanitarian visas where there is a risk of infringement of Articles 4 and 18 of the Charter or other international obligations
  2. 2 Whether applications for visas with limited territorial validity for the purpose of seeking asylum fall within the scope of the Visa Code or national law

Ratio Decidendi

Applications for visas with limited territorial validity made on humanitarian grounds at a Member State's representation in a third country, with the intention to seek asylum and stay for more than 90 days, fall outside the scope of the Visa Code and are governed solely by national law, not EU law.

Court Disposition

Reference answered; application for humanitarian visa for purpose of seeking asylum falls outside Visa Code, governed by national law.

Orders

  • Article 1 of Regulation (EC) No 810/2009 (Visa Code), as amended, must be interpreted as meaning that an application for a visa with limited territorial validity made on humanitarian grounds by a third-country national to a Member State's representation in a third country, with a view to seeking asylum and staying...