Title	K, B v Staatssecretaris van Veiligheid en Justitie (C-380/17) (request for preliminary ruling)
Publisher	European Union: Court of Justice of the European Union
Publication Date	7 November 2018
Country	Netherlands
Topics	Family reunification
Citation / Document Symbol	ECLI:EU:C:2018:877
Related Document(s)	OPINION OF ADVOCATE GENERAL MENGOZZI in case C-380/17 Staatssecretaris van Veiligheid en Justitie, K, B joined party H. Y., (2) Staatssecretaris van Veiligheid en Justitie
Cite as	K, B v Staatssecretaris van Veiligheid en Justitie (C-380/17) (request for preliminary ruling) , ECLI:EU:C:2018:877, European Union: Court of Justice of the European Union, 7 November 2018, available at: https://www.refworld.org/cases,ECJ,5c5aca024.html [accessed 21 May 2023]
Comments	1. The Court of Justice has jurisdiction, on the basis of Article 267 TFEU, to interpret Article 12(1) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification in a situation such as that at issue in the main proceedings, where a national court is called upon to rule on a beneficiary of subsidiary protection’s right to family reunification, if that provision was made directly and unconditionally applicable to such a situation under national law. 2. Article 12(1) of Directive 2003/86 does not preclude national legislation which permits an application for family reunification lodged on behalf of a member of a refugee’s family, on the basis of the more favourable provisions for refugees of Chapter V of that directive, to be rejected on the ground that that application was lodged more than three months after the sponsor was granted refugee status, whilst affording the possibility of lodging a fresh application under a different set of rules provided that that legislation: – lays down that such a ground of refusal cannot apply to situations in which particular circumstances render the late submission of the initial application objectively excusable; – lays down that the persons concerned are to be fully informed of the consequences of the decision rejecting their initial application and of the measures which they can take to assert their rights to family reunification effectively; and – ensures that sponsors recognised as refugees continue to benefit from the more favourable conditions for the exercise of the right to family reunification applicable to refugees, specified in Articles 10 and 11 or in Article 12(2) of the directive.
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