Bundesrepublik Deutschland (Regroupement familial avec un mineur refugie) (Area of freedom, security and justice - Immigration policy - Right to family reunification - Concept of 'minor child' - Judgment) [2022] EUECJ C-273/20 (01 August 2022)

Bundesrepublik Deutschland (Regroupement familial avec un mineur refugie) (Area of freedom, security and justice - Immigration policy - Right to family reunification - Concept of 'minor child' - Judgment) [2022] EUECJ C-273/20 (01 August 2022)

Article 16(1)(a) of Directive 2003/86/EC does not permit Member States to reject family reunification applications solely because the refugee has attained majority before the decision, provided the application was lodged while the sponsor was a minor. National legislation limiting parents' right of residence to the period of the child's minority is precluded. For Article 16(1)(b), a real family relationship requires more than a first-degree relationship but does not require cohabitation or financial support; regular contact or visits may suffice.

Citation
[2022] EUECJ C-273/20
Parties
Appellant/respondent: Bundesrepublik Deutschland (Federal Republic of Germany); Applicant/respondent: SW; Applicants/respondents: BL and BC
Jurisdiction
European Union
Judgment Date
01 August 2022
Procedural Posture
Preliminary Ruling (joined Cases C 273/20 and C 355/20) / Judgment of the Court of Justice of the European Union (third Chamber) on Reference From the Bundesverwaltungsgericht (federal Administrative Court, Germany)
Outcome
Preliminary ruling issued; interpretation of Directive 2003/86/EC provided.
Legal Topics
Family Reunification, Refugee Rights, Interpretation of Directive 2003/86/ec, Right of Residence for Family Members, Best Interests of the Child, Real Family Relationship
European Union Law Immigration Law Human Rights Law Family Reunification Refugee Rights Interpretation of Directive 2003/86/ec Right of Residence for Family Members Best Interests of the Child +1 more

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Parties

Bundesrepublik Deutschland (Federal Republic of Germany)

Appellant/respondent

SW

Applicant/respondent

BL and BC

Applicants/respondents

Procedural Posture

Preliminary Ruling (joined Cases C 273/20 and C 355/20) / Judgment of the Court of Justice of the European Union (third Chamber) on Reference From the Bundesverwaltungsgericht (federal Administrative Court, Germany)

Legal Issues

  1. 1 Whether Article 16(1)(a) of Directive 2003/86/EC allows Member States to reject family reunification applications if the refugee is no longer a minor at the date of decision; whether national law may limit parents' right of residence to the period during which the child is a minor; criteria for 'real family relationship' under Article 16(1)(b) in cases where the child attains majority before decision.

Ratio Decidendi

Article 16(1)(a) of Directive 2003/86/EC does not permit Member States to reject family reunification applications solely because the refugee has attained majority before the decision, provided the application was lodged while the sponsor was a minor. National legislation limiting parents' right of residence to the period of the child's minority is precluded. For Article 16(1)(b), a real family relationship requires more than a first-degree relationship but does not require cohabitation or financial support; regular contact or visits may suffice.

Court Disposition

Preliminary ruling issued; interpretation of Directive 2003/86/EC provided.

Orders

  • Article 16(1)(a) of Directive 2003/86/EC precludes national legislation requiring the refugee to be a minor at the date of decision for parental family reunification; right of residence for parents cannot end solely because the child attains majority.
  • Article 16(1)(b) requires more than a first-degree relationship for a real family relationship, but does not require cohabitation or financial support; regular contact or visits may suffice.