Luxembourg - Administrative Court, 39173C, 29 June 2017
| Country of Decision: | Luxembourg |
| Court name: | Administrative Court |
| Date of decision: | 29-06-2017 |
| Citation: | 39173C |
Keywords:
| Keywords |
|
Family member
Description
"Generally, persons married to a migrant, or having a relationship legally recognised as equivalent to marriage, as well as their dependent children and other dependants who are recognised as members of the family by applicable legislation. In the context of the Family Reunification Directive 2003/86/EC (and 2003/109/EC, Long-Term Residents), a third-country national, as specified in Article 4 of said Directive and in accordance with the transposition of this Article 4 into national law in the Member State concerned, who has entered the EU for the purpose of Family Reunification… In the context of Asylum, and in particular Council Regulation (EC) 343/2003 (Determining responsible Member State for Asylum claim), this means insofar as the family already existed in the country of origin, the following members of the applicant's family who are present in the territory of the Member States: (i) the spouse of the asylum seeker or his or her unmarried partner in a stable relationship, where the legislation or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to aliens; (ii) the minor children of couples referred to in point (i) or of the applicant, on condition that they are unmarried and dependent and regardless of whether they were born in or out of wedlock or adopted as defined under the national law; (iii) the father, mother or guardian when the applicant or refugee is a minor and unmarried." |
|
Family reunification
Description
"The establishment of a family relationship which is either: (a) the entry into and residence in a Member State, in accordance with Council Directive 2003/86/EC, by family members of a third-country national residing lawfully in that Member State (""sponsor"") in order to preserve the family unit, whether the family relationship arose before or after the entry of the sponsor; or (b) between an EU national and third-country national established outside the EU who then subsequently enters the EU." |
Headnote:
Material dependency is a sign of the dependency of a family member on the applicant and it can be established in many different ways.
Facts:
The applicant requested family reunification on 16 February 2016 which was rejected on 09 November 2015.
The applicant appealed this decision but was once again rejected by the administrative tribunal on 07 March 2017.
Decision & reasoning:
The court confirmed the interpretation made by the tribunal of the concept of dependency; the relationship should include material dependency, which can be established in many different ways.
In that sense, the amount of wire transfers that the daughter had sent to the mother showed that there is effectively a material dependency, as expressed within the CJEU case law.
Outcome:
The administrative court confirms this appeal and rejects the State.
Subsequent proceedings:
This judgment is final; it is the outcome of an appeal lodged by the Government against the judgment no. 37507, delivered on 31 January 2017. You can find the EDAL summary of the appeal judgment here.
Observations/comments:
Thanks to this decision, the interpretation of the concept that a dependent person is now fixed in case law and is recognised by material dependency.
The original case summary was written by Passerell a.s.b.l.
Cited National Legislation:
| Cited National Legislation |
| Luxembourg - Law of 29 August 2008 : article 12 |
Cited Cases:
| Cited Cases |
| CJUE, 16 janv. 2014, Reyes c/ Migrationsverket, aff. C-423/12) |