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ECtHR - Dabo v. Sweden, Application No. 12510/18, 18/01/2024
Country of applicant: Syria

The Court found no violation of Article 8 ECHR took place as the requirements set out by the Swedish Temporary Restrictions Act were in line with the Family Reunification Directive and the European consensus. The balancing exercise was therefore performed correctly.

Date of decision: 18-01-2024
Relevant International and European Legislation: Article 7,1.,Article 35,Art 8.1,Art 8.2,Article 10
ECtHR - B.F. and Others v. Switzerland, Applications Nos. 13258/18, 15500/18, 57303/18 and 9078/20, 04/07/2023
Country of applicant: China, Eritrea

The Court found that the Swiss legislation sets stringent socio-economic requirements which in practice may render the right to family reunification impossible to exercise, in view of the personal situation of the sponsors residing in Switzerland and who cannot be expected to do the impossible to meet the conditions imposed on them.

Date of decision: 04-07-2023
Relevant International and European Legislation: Art 1A,Article 5,Article 7,Article 8,1.,2.,3.,Article 11,1.,2.,Article 17,Article 14,Art 8.1,Art 8.2,Article 9,Article 10
ECtHR - M.A. v. Denmark, Application no. 6697/18, 2021
Country of applicant: Syria

Except for very limited exceptions, the statutory three-year waiting period for family reunification of persons granted ‘temporary protection’ does not allow for an individualised assessment of the interest of family unity in light of the concrete situation of the persons concerned. Eventually the Court finds a violation of Article 8 of the Convention since the measure (whose goal is not otherwise challenged) had a disproportionate impact in the case at hand.

Date of decision: 09-07-2021
Relevant International and European Legislation: Art 1A (2),Art 1F(c),Art 28,Art 34,Art 1F(b),Art 1,Art 3,Art 1A,Art 1F(a),Art 32,Art 1C (5),Art 35.1,Art 1D,Art 31,Art 4,Art 16,Art 22,Art 2,Art 13,Art 15,Art 17,Art 21,Art 24,Art 26,Art 27,Art 32.1,Art 33.1,Art 1C (6),Preamble,Art 35,Art 1C (3),Article 3,Article 8,1.,2.,Art 1A (1),Art 1B,Art 1B (1),Art 1B (2),Art 1C (1),Art 1C (2),Art 1C (4),Art 1E,Art 5,Art 6,Art 7,Art 8,Art 9,Art 10,Art 11,Art 12,Art 14,Art 18,Art 19,Art 20,Art 23,Art 25,Art 29,Art 30,Art 32.2,Art 32.3,Art 35.2,Art 36,Art 37,Art 1C,Art 12.1,Art 12.2,Art 16.1,Art 16.2,Art 16.3,Art 17.1,Art 17.2,Art 17.3,Art 19.1,Art 19.2,Art 22.1,Art 22.2,Art 24.1,Art 24.2,Art 24.3,Art 24.4,Art 25.1,Art 25.2,Art 25.3,Art 25.4,Art 25.5,Art 28.1,Art 28.2,Art 29.1,Art 29.2,Art 30.1,Art 30.2,Art 31.1,Art 31.2,Art 33.2,Art 38,Art 39,Art 40,Art 41,Art 42,Art 43,Art 44,Art 45,Art 46,Schedule,Article 3,Article 14,Art 8.1,Art 8.2,Article 2,Article 23,EN - Treaty on the Functioning of the European Union 2010/C 83/01 - Art 288
France - Administrative Tribunal of Nantes, 23 March 2020, n° 2001918
Country of applicant: Afghanistan

Given the emergency of the situation, family reunification could only be refused in circumstances where the relevant individual does not comply with principles of public order.

As a result, the Court concluded that there were serious doubts as to the legality of the decisions refusing family reunification.

Date of decision: 23-03-2020
Relevant International and European Legislation: Article 4,Article 6,Article 8,Article 37,UN Convention on the Rights of the Child
CJEU - C-519/18 TB, 12 December 2019

Article 10(2) of Directive 2003/86 allows Member States to define autonomously the nature of the relationship of dependence between the sponsor and the family member not referred in art. 4, as long as the national law have regard of all the relevant circumstances of the refugee’s situation through a case-by-case approach. 

Date of decision: 12-12-2019
Relevant International and European Legislation: Article 7,Recital (2),Recital (4),Recital (8),2.,3.,Article 10,2.,Article 17
Germany: Administrative Court Berlin, 26.11.2019, 38 L 442.19 V

Applications for a visa for family reunification with subsidiary protection beneficiaries must be treated as particularly urgent if the holder of the right of residence is about to reach the age of 18. The Immigration Office must ensure that such applications are processed preferentially and expeditiously.

Date of decision: 26-11-2019
Relevant International and European Legislation: EN - Family Reunification Directive, Directive 2003/86/EC of 22 September 2003
CJEU ̶ C-706/18 X v Belgium, 20 November 2019
Country of applicant: Afghanistan

The principle of effectiveness and the objectives of the Family Reunification Directive preclude domestic legislation that foresees the automatic issue of an entry and residence permit for family reunification on the sole ground that the time limit to decide on the application has expired without having established the substantial requirements for obtaining such a permit, e.g. family links.

 

Date of decision: 20-11-2019
Relevant International and European Legislation: Recital (6),Article 1,Article 2,Article 3,Article 4,Article 5,Article 11,Article 13
CJEU – C-635/17, E. v Staatssecretaris van Veiligheid en Justitie
Country of applicant: Eritrea

Article 11(2) of Directive 2003/86 must be interpreted as precluding the rejection of an application for family reunification lodged by a sponsor in favour of a minor of whom she is allegedly the guardian solely on the grounds of lack of official documentary evidence of the family relationship and the sponsor’s inability to explain the absence of such evidence being deemed implausible on the basis of general country of origin information.

Authorities have to take into consideration the specific circumstances of the sponsor and the minor, including the difficulties they faced during and after their flight from their country.

 

Date of decision: 13-03-2019
Relevant International and European Legislation: Article 7,Article 24,Art 24.2,Recital (8),Article 2,Article 3,Article 4,Article 5,Article 10,Article 11,Article 16,Article 17
CJEU - C-484/17, K v Staatssecretaris van Veiligheid en Justitie

Member States may require individuals who have been residing in the country by virtue of family reunification to pass a civic integration examination on the language and society of the country in order to be granted an autonomous residence permit. However, the requirements for passing this test must not go beyond what is necessary to attain the objective of facilitating integration.

Date of decision: 07-11-2018
Relevant International and European Legislation: Article 15
CJEU - C-257/17, C, A v Staatssecretaris van Veiligheid en Justitie

The case concerned the conformity of integration requirements for residence permit applicants in Dutch law with Article 15 of Directive 2003/86, regarding autonomous residence permits. The CJEU held that it cannot be excluded that such a residence permit may be dependent on the successful completion of a civic integration examination on the language and society of that Member State. However, the connection of residence permits with integration frameworks cannot go beyond what is necessary for the objective of facilitating integration of third-country nationals.

Date of decision: 07-11-2018
Relevant International and European Legislation: Recital (2),Recital (4),Recital (6),Recital (15),Article 1,(d),Article 3,Article 7,Article 15,Article 267 § 2,Article 267 § 1 (b)