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14/05/2024
DE: The Higher Administrative Court of Berlin-Brandenburg referred questions to the CJEU for a preliminary ruling on the interpretation of the Family Reunification Directive with regard to assessment of the age of the sponsor for the purposes of family reunification procedure.
14/05/2024
DE: The Higher Administrative Court of Berlin-Brandenburg referred questions to the CJEU for a preliminary ruling on the interpretation of the Family Reunification Directive with regard to assessment of the age of the sponsor for the purposes of family reunification procedure.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Referral for a 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
Germany, Higher Administrative Court (Oberverwaltungsgericht/Verwaltungsgerichtshöf), YO, CT v Federal Republic of Germany, 14 May 2024. 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=4595
Case history
Other information
Abstract

Case registered under C-571/24 before the CJEU 


The Higher Administrative Court of Berlin-Brandenburg referred the following questions for a preliminary ruling before the CJEU:


1. Does the time limit of three months from the grant of refugee status, to which, in accordance with the judgment of the European Court of Justice of 12 April 2018 (C-550/16, paragraph 61), an application for family reunification made on the basis of Article 10(3)(a) of Directive 2003/86/EC must be subject in the case where the sponsor was under 18 years of age at the time when he or she entered the territory of a Member State and applied for asylum in that State but reaches the age of majority during the asylum procedure, apply unchanged even if that time limit had already expired at the time of the judgment of 12 April 2018 but the then practice of the administrative authorities and the case-law of the supreme court in such matters in that Member State offered no realistic prospect for a refugee having already reached the age of majority to be able to make a successful application for family reunification?


2. If Question 1 is to be answered in the negative, does that time limit start to run from a later date in such cases or does a longer time limit apply in those circumstances?


Country of Decision
Germany
Court Name
DE: Higher Administrative Court (Oberverwaltungsgericht/Verwaltungsgerichtshöf)
Case Number
Date of Decision
14/05/2024
Country of Origin
Türkiye
Keywords
Family Reunification
Minor / Best interests of the child