The case concerned a request for visa on family reunification grounds submitted by the applicant at the embassy in Islamabad. The child has been granted refugee status in Belgium after request to join his father. The CALL rejected the visa on family reunification grounds as she did not fulfill the legal requirements for such a request. The CALL noted that the alleged family gatherer was no longer an unaccompanied minor in Belgium since he was taken care of by an adult, namely his father.

The applicant contested the decision and invoked Article 8 ECHR in order to claim that the negative decision would infringe her right to family life and the best interest of the child. The applicant also argued that the determining authority did not take into consideration the particular situation of her son, who suffers of trisomy 21and is particularly vulnerable.

The CALL annulled the contested decision for lack of proper reasoning on the possible breach of article 8 ECHR and for the lack of reasoning with regard to the particular vulnerability of the child, of which the determining authority was informed by letter of 19 November 2019.

Note that the case was removed from the register of the CJEU. See here.