The applicants, Angolan nationals, requested a visa to enter France for family reunification. By decision of 4 May 2021, their request was rejected and by decision of 13 October 2021 their complaint against the decision was also rejected. By judgment of 27 March 2023, the Nantes Administrative Tribunal decided to send several questions to the Council of State before pronouncing a judgment. The Council was asked the following:

1. Whether EU law as interpreted by judgment C-279/20 of the CJEU requires the age of children requesting the benefit of family reunification to be assessed on the basis of the provisions of Article L. 561-2 of the CESEDA, on the date of the asylum application of the reuniting party?
2. Whether the French law is compatible with Council Directive 2003/86/EC of 22 September 2003, as French law does not impose a time limit after obtaining international protection to submit their application for family reunification or must a time limit be applied?
3. When assessing the age of the child, does French law (Articles L. 561-2 et R. 561-1 of CESEDA) require to take into account the date of submission of the request for visa at the diplomatic or consular authority or the date on which the benefit of family reunification was requested by the beneficiary of protection, for example when a letter was sent to the administration?
4. When a first request for visa made by the applicant child of a beneficiary of international protection was rejected by final decision, and a new request for visa submitted for the same child is done, what is the date to be taken into account to assess the age of the child?

The Council of State referred to the CJEU judgments in C-133/19, C-136/19 and C-137/19 concerning family reunification for minor children and in the case C-279/20 concerning family reunification for children who reached the age of majority.

The Council noted that according to Article L 561-2 of CESEDA, the age of the child is determined at the date on which the family reunification request was submitted. The Council also noted that according to Article R. 561-1 of CESEDA, the request for family reunification is initiated by the request for visa made by the family members of the beneficiary of international protection, submitted to the diplomatic or consular authorities in the circumscription where the family lives. Thus, the Council held that the age of the child is determined at the date when the request for visa was made, irrespective of whether the consular authorities actually register the request at a later date. Furthermore, the Council also held that when a second request for family reunification is made after the refusal of a first request, the date to consider for determining the age of the child is the date of submission of the visa request for the second application. It further detailed that when the minor reached the age of majority between the date of asylum application made by the parent beneficiary of protection and the date on which protection was obtained, and provided that the application for reunification has been lodged within three months of the granting of protection, in this case the date taken into consideration for determining the age of the child is the date on which the asylum application was made.