Case summaries
Violation of Article 8 regarding the right to respect for family life, arising from a domestic court order for the return of two children from Finland to Russia under the Hague Child Abduction Convention.
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.
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.
The Federal Administrative Court found that Art. 3 of the Qualification Directive does not hinder Member States to allow parents and siblings, fulfilling the requirements for family members under Art. 2(j) of the Directive, to change their status of subsidiary protection into a refugee status which they derive from their minor sponsor.
The Court of Justice held that Directive 2011/95 does not preclude a Member State from granting refugee status to a minor through one of his parents, even though there is no risk of persecution in case of removal to his country of nationality (Tunisia).
The Court decides that the relevant point in time to assess the ‘minor’ status of a beneficiary of international protection under the Qualification Directive is the date on which the applicant makes an (informal) application for international protection.
The Court decides that the notion of ‘family member’ under the Qualification Directive does not require an actual resumption of family life between the parent who benefited international protection and the child. Furthermore, the rights of a family member to claim the benefits under the Qualification Directive persist after the beneficiary of subsidiary protection reaches the age of majority, for the duration of the period of validity of the residence permit granted to them.
The automatic application of domestic provisions regulating expulsion following a criminal conviction may amount to a violation of Article 8 where the impact of the removal measure on the family and isses of proportionality are not sufficiently assessed. In this assessment, the best interests of the child should bear significant weight.
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.
The parents and minor siblings of a Syrian national, who was recognised as a refugee, cannot claim refugee status in terms of international protection for family members, if the beneficiary, although a minor when he was registered as an asylum applicant, was no longer a minor at the time of the court hearing.
A Union citizen’s lack of sufficient resources for their family member, who is a third-country national, not to become a burden on the national social system, cannot sufficiently establish a reason to refuse a derived right of residence on the basis of article 20 TFEU, if that refusal would result in the national having to leave the territory of the EU.
Secondly, a relationship of dependency does not exist solely because the national law requires spouses to live together.