Skip Ribbon Commands
Skip to main content
12/12/2019
CJEU ruled on the interpretation of Article 10 (2) of the Family Reunification Directive. 

ECLI
ECLI:EU:C:2019:1070
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);
Reference
European Union, Court of Justice of the European Union [CJEU], T.B. v Immigration and Asylum Office (Bevándorlási és Menekültügyi Hivatal), Case C‑519/18, ECLI:EU:C:2019:1070, 12 December 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=881
Case history
Related cases:
Abstract

Judgment

1. This request for a preliminary ruling concerns the interpretation of Article 4(2) and (3) and Article 10(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ 2003 L 251, p. 12).

2. The request has been made in proceedings between TB and the Bevándorlási és Menekültügyi Hivatal (Hungarian Immigration and Asylum Office) concerning that office’s refusal to grant a residence permit for purposes of family reunification to the applicant’s sister.

 

The Court (Fifth Chamber) hereby rules:

Article 10(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification must be interpreted as not precluding a Member State from authorising the family reunification of a refugee’s sister only if she is, on account of her state of health, unable to provide for her own needs, provided that:

- first, that inability is assessed having regard to the special situation of refugees and at the end of a case-by-case examination taking into account all the relevant factors, and

- secondly, that it may be ascertained, having regard to the special situation of refugees and at the end of a case-by-case examination taking into account all the relevant factors, that the material support of the person concerned is actually provided by the refugee, or that the refugee appears as the family member most able to provide the material support required.

Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
Case C‑519/18
Date of Decision
12/12/2019
Country of Origin
Keywords
Family Reunification