Case Law

This request for a preliminary ruling concerns the interpretation of Articles 18 and 24 of the Charter of Fundamental Rights of the European Union (‘the Charter’), Articles 2, 20, 23 and 31 of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ 2011 L 337, p. 9), and of Article 25(6) and Article 33(2)(a) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ 2013 L 180, p. 60).

22 February 2022 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Family reunification - Right to family life - Unaccompanied / Separated children | Countries: Austria - Belgium - Syrian Arab Republic

194. Having regard to all the above considerations, the Court is not satisfied, notwithstanding their margin of appreciation, that the authorities of the respondent State, when subjecting the applicant to a three-year waiting period before he could apply for family reunification with his wife, struck a fair balance between, on the one hand, the applicant’s interest in being reunited with his wife in Denmark and, on the other, the interest of the community as a whole to control immigration with a view to protect the economic well-being of the country, to ensure the effective integration of those granted protection and to preserve social cohesion (see paragraph 165 above). 195. It follows that there has been a violation of Article 8 of the Convention.

9 July 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Family reunification | Countries: Denmark - Syrian Arab Republic

The TAF decided in a principle judgment that the right to family life should be taken into account in a Dublin procedure, even if the family member in Switzerland does not have a secure right of residence.

25 January 2021 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Family reunification - Refugee / Asylum law - Residence permits / Residency | Countries: Switzerland - Syrian Arab Republic

19 August 2019 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Appeal / Right to appeal - Family reunification - Refoulement - Safe third country | Countries: Bangladesh - Canada - Colombia - Jordan - Syrian Arab Republic - United States of America

11 October 2017 | Judicial Body: Germany: Bundesverfassungsgericht | Topic(s): Complementary forms of protection - Family reunification - Residence permits / Residency - Visas | Countries: Germany - Syrian Arab Republic

8 December 2016 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Family reunification | Countries: Belgium - Syrian Arab Republic

20 October 2016 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Family reunification | Countries: Belgium - Syrian Arab Republic

2 August 2016 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Burden-sharing and international co-operation - Children's rights - Children-at-risk - Family reunification - Persons with disabilities - Regional instruments - Unaccompanied / Separated children | Countries: France - Syrian Arab Republic - United Kingdom of Great Britain and Northern Ireland