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11/12/2019
BE: The CALL states that the principle of 'unity of the family' does not create any right to international protection

ECLI
Input Provided By
EUAA Asylum Report
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Recast Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection)(recast QD)/or QD 2004/83/EC
Reference
Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], Applicants v General Commissioner for Refugees and Stateless persons (Commissaire général aux réfugiés et aux apatrides), 230.067 and 230.068 , 11 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=980
Case history
Other information
Abstract

According to the national contribution to the EMN Annual Report on Migration and Asylum 2019:


In these judgments (no. 230.067 and no. 230.068) the Council states that the principle of "family unity" does not give rise to a right to international protection. The principle of maintaining family unity of persons enjoying international protection is enshrined in Article 23 of the Qualification Directive 2011/95/EU. This Article requires Member States to organize their national law in such a way that certain members of the family of a person enjoying international protection, who themselves are not eligible for such protection, could be entitled to the issue of a residence permit, access to employment or training (in line with ECJ, 4 October 2018, NRK Ahmedbekova and REO Ahmedbekok, no. C-652/16, point 68). However, neither Article 23 of the Qualification Directive 2011/95/EU, nor any internal or international legal standard, requires that the family members of a person enjoying international protection should be granted the same status as the latter.
Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
230.067 and 230.068
Date of Decision
11/12/2019
Country of Origin
Keywords
Family Reunification
Source
CALL