The applicants, nationals of Afghanistan, are the wife and children of an Afghan who was granted subsidiary protection in Belgium. After the Taliban took power in Afghanistan, they asked for the issuance of a long-stay visa on the grounds of family reunification in November 2021. The application was rejected by the Immigration Department because the applicant was unable to present a marriage certificate and proof of family ties. The results of a DNA test could be used as evidence in a fresh decision under Article 10 of the Aliens Act. However, before the DNA test, the wife would have to provide a criminal record.

The applicants lodged an appeal. The Council for Alien Law Litigation (CALL) ruled that due to the unique circumstances of the case, an Afghan mother with three children, and the overall situation in Afghanistan, where the Taliban are in control, it was clearly unfair to condition DNA testing on the submission of a criminal record. According to CALL, Article 11(2) of the Family Reunification Directive stipulates that each unique scenario must be thoroughly evaluated, taking into account all relevant factors and circumstances.

CALL further ruled that it was not reasonable to reject the applications before these examinations could be carried out as it can have significant effects on the subsequent process and the applicants will be required to submit new applications for the issuance of long-stay visas for family reunification depending on the outcomes of DNA results. According to CALL, the refusal to issue the requested visa violated Articles 10, 11, and 12 of the Aliens Act as well as the substantive declaration of reasons, the due care principle, and the reasonableness concept. The decision was thus overturned.