The case concerns the evidence (documents and declarations) necessary for a family reunification application.
By decision of 31 July 2017, the State Secretary rejected the applicants' request for a provisional residence permit. On 18 July 2018, the State Secretary declared the the applicants' objection as unfounded and on 1 March 2019, the court dismissed the appeal brought by the applicants as unfounded. This decision was further appealed. The Council of State rejected the appeal and confirmed the decision.
In this case the authorities could not investigate the authenticity of the guardianship certificate and 'affidavit of guardianship' submitted by the applicants, due to insufficient reliable comparative material available. The Council of State concluded that the lower court was correct when it held that it cannot be confirmed that these documents originate from the Eritrean authorities and took into consideration the fact that the guardianship certificate was dated from after the departure of the sponsor from Eritrea and that the 'affidavit of guardianship' was not dated. It also held that the applicants did not substantiate their claim that the foster situation was already known to the Eritrean authorities, that they experienced special problems or that the requirements imposed were disproportionate with regard to the documents to be submitted.
The decision further confirmed that the hospital report submitted by the applicants did not support their claim that their biological mother is unable to care for them or that under the Eritrean Civil Code the guardianship is legally transferred to another family member.
Thus, it was held that the applicants did not demonstrate the alleged family relationship with the sponsor and their appeal was rejected.
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