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28/02/2022
BE: The Council of State referred a question for preliminary ruling to the CJEU on family reunification and the minority of the sponsor.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Type
Referral for a preliminary ruling
Original Documents
Relevant Legislative Provisions
EU Charter of Fundamental Rights (EU Charter); European Convention on Human Rights (ECHR); Family Reunification Directive (Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification)
Reference
Belgium, Council of State [Raad van State - Conseil d'État], XXX v Belgium, 253.122, 28 February 2022. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2542
Case history
Other information
Abstract

Case registered before the CJEU under C-191/22


The Belgian Council of State referred a question for a preliminary ruling to the CJEU on whether Articles 7 and 24 of the EU Charter 
and Article 4 (1)(c) of the Family Reunification Directive must be interpreted as requiring Member States to take account of the age of the person reunited, not when submitting the application for family reunification, but when submitting the application for international protection of the sponsor who has been recognized as a refugee and to consider that the person reunited is a minor within the meaning of Article 4 (1)(c) of the Family Reunification Directive when he was a minor when the sponsor submitted his asylum application but he became of age before the sponsor obtained the refugee status and before the application for family reunification was submitted?
Country of Decision
Belgium
Court Name
BE: Council of State [Raad van State - Conseil d'État]
Case Number
253.122
Date of Decision
28/02/2022
Country of Origin
Senegal
Keywords
Family Reunification
Other Source/Information
Curia