On 4 January 2022, the second applicant, of Palestinian origin, was provided refugee protection in Belgium. Before this date the applicant had also lodged a request for a residence permit for one of his children and his wife received a ‘carte F’ valid until 2027.

On 25 May 2022, the first applicant and their three children requested family reunification with the first applicant. On 8 December 2022, the first and second applicants, in their name and for their children, challenged the rejection of a visa for family reunification decided on 8 November 2022.

The rejection by the State Secretary for Asylum and Migration was based on the lack of medical insurance for the family.

The Council for Alien Law Litigation noted that the request for family reunification was made within the year following the recognition of international protection and that family ties were proven to have existed before the beneficiary entered Belgium, so that the person may benefit from the exception under Article 10(2)(5) and thus it was not needed to prove that he had sufficient income, adequate accommodation and a medical insurance for himself and the family.

The State Secretary for Asylum and Migration also argued that the existence of a residence permit prevents the consideration of the applicant’s refugee status under Article 10(2)(5), an argument dismissed by the Council for Alien Law Litigation as being against EU law.

Thus, the Council for Alien Law Litigation confirmed that the exception to requirements for family reunification provided for under national law applied to all recognised refugees, including those who were first granted another form of residence.