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16/03/2023
BE: The CALL ruled on family reunification following CJEU judgment

ECLI
Input Provided By
EUAA IDS
Type
Follow-up CJEU preliminary ruling
Original Documents
Relevant Legislative Provisions
Family Reunification Directive (Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification)
Reference
Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X v CALL, No 286 234, 16 March 2023. 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=3788
Case history

European Union, Court of Justice of the European Union [CJEU], X v Belgium, C‑230/21, ECLI:EU:C:2022:887, 17 November 2022. 

Other information
Abstract

According to the Aca-Europe newsletter Follow up on preliminary rulings


'The Aliens Litigation Council annulled the decision rejecting a visa application submitted by a Palestinian mother for family reunification with her minor daughter, who was married when she entered Belgium.


Basing itself on the judgment in X v BelgiumCase C-230/21, 17 November 2022, the Aliens Litigation Council held that the Belgian authorities could not take into account the civil status of a minor refugee when examining his or her right to family reunification with his or her parents. It emphasised that this right to family reunification granted to unaccompanied minor refugees is not subject to any margin of discretion on the part of the Member States, thus rejecting the authorities’ argument that the European Commission’s Communication on guidelines for the application of Directive 2003/86/EC would allow them to take account of other relevant factors."


Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
No 286 234
Date of Decision
16/03/2023
Country of Origin
Palestine State
Keywords
Family Reunification
Source
CALL Database
Other Source/Information
Aca-Europe