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20/11/2019
CJEU on consequences of failure to comply with the time limit for taking a decision, resulting in automatic issue of a residence permit

ECLI
ECLI:EU:C:2019:993
Input Provided By
EUAA IDS
Source
CURIA
Other Source/Information:
EuropeanMigrationLaw.eu
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);
Reference
European Union, Court of Justice of the European Union [CJEU], X. v Belgium, C‑706/18, ECLI:EU:C:2019:993, 20 November 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=861
Case history
Related cases:
Abstract

The application was made in the context of a dispute between X, an Afghan national granted refugee protection, and the Belgische Staat (Belgian State) concerning the latter’s rejection of her application for the issue of a visa for family reunification

The Court  ruled that 

Council Directive 2003/86/EC of 22 September 2003 on family reunification must be interpreted as precluding national legislation under which, in the absence of a decision being adopted within  six months of the date on which the application for family reunification was lodged, the competent national authorities must automatically issue a residence permit to the applicant, without necessarily having to establish in advance that the latter actually meets the requirements for residence in the host Member State in accordance with EU law.

Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
C‑706/18
Date of Decision
20/11/2019
Country of Origin
Keywords
Afghanistan
Family Reunification