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17/11/2022
The CJEU interpreted Article 2(f) and Article 10(3)(a) of the Family Reunification Directive and ruled that unaccompanied minors do not have to be unmarried in order to be sponsors for their parents in family reunification procedures.

ECLI
ECLI:EU:C:2022:887
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Family Reunification Directive (Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification)
Reference
European Union, Court of Justice of the European Union [CJEU], X v Belgium, C‑230/21, ECLI:EU:C:2022:887, 17 November 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=2928
Case history
Other information
Abstract

The CJEU examined the case of X, a woman from Palestine whose daughter was deemed unaccompanied when she arrived in Belgium to join her husband while she was still a 15-year-old minor. After the daughter was recognised as refugee, the mother requested family reunification with her daughter.


The CJEU ruled that an ‘unaccompanied minor’ who resides in a Member State does not have to be unmarried to enjoy the right to family reunification with first-degree relatives in direct ascending line.
Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
C‑230/21
Date of Decision
17/11/2022
Country of Origin
Palestine State
Keywords
Family life/family unity
Family Reunification
Unaccompanied minors