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.