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13/03/2019
The CJEU rules on documentary evidence in the course of family reunification and on and exclusion of persons benefiting from subsidiary protection.

ECLI
ECLI:EU:C:2019:192
Input Provided By
EUAA IDS
Source
CURIA
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
Family Reunification Directive (Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification); Treaty on the Functioning of the European Union;
Reference
European Union, Court of Justice of the European Union [CJEU], E. v Staatssecretaris van Veiligheid en Justitie (NL), C‑635/17, ECLI:EU:C:2019:192, 13 March 2019. 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=743
Case history
Related cases:
Abstract

This request for a preliminary ruling concerns the interpretation of Article 3(2)(c) and Article 11(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification and exclusion of persons benefiting from subsidiary protection

The Court (Second Chamber) ruled:

  1. The Court of Justice of the European Union has jurisdiction, on the basis of Article 267 TFEU, to interpret Article 11(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification in a situation such as that at issue in the main proceedings, where a national court is called upon to rule on an application for family reunification lodged by a beneficiary of subsidiary protection, if that provision was made directly and unconditionally applicable to such a situation under national law.
  2.  Article 11(2) of Directive 2003/86 must be interpreted as precluding, in circumstances such as those at issue in the main proceedings, in which an application for family reunification has been lodged by a sponsor benefiting from subsidiary protection in favour of a minor of whom she is the aunt and allegedly the guardian, and who resides as a refugee and without family ties in a third country, that application from being rejected solely on the ground that the sponsor has not provided official documentary evidence of the death of the minor’s biological parents and, consequently, that she has an actual family relationship with him, and that the explanation given by the sponsor to justify her inability to provide such evidence has been deemed implausible by the competent authorities solely on the basis of the general information available concerning the situation in the country of origin, without taking into consideration the specific circumstances of the sponsor and the minor and the particular difficulties they have encountered, according to their testimony, before and after fleeing their country of origin.
Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
C‑635/17
Date of Decision
13/03/2019
Country of Origin
Keywords
Assessment of Application
Exclusion
Family Reunification
Subsidiary Protection