SM v Entry Clearance Officer, UK Visa Section (C-129/18) (request for preliminary ruling)
The concept of a ‘direct descendant’ of a citizen of the Union referred to in Article 2(2)(c) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC must be interpreted as not including a child who has been placed in the permanent legal guardianship of a citizen of the Union under the Algerian kafala system, because that placement does not create any parent-child relationship between them. However, it is for the competent national authorities to facilitate the entry and residence of such a child as one of the other family members of a citizen of the Union pursuant to Article 3(2)(a) of that directive, read in the light of Article 7 and Article 24(2) of the Charter of Fundamental Rights of the European Union, by carrying out a balanced and reasonable assessment of all the current and relevant circumstances of the case which takes account of the various interests in play and, in particular, of the best interests of the child concerned. In the event that it is established, following that assessment, that the child and its guardian, who is a citizen of the Union, are called to lead a genuine family life and that that child is dependent on its guardian, the requirements relating to the fundamental right to respect for family life, combined with the obligation to take account of the best interests of the child, demand, in principle, that that child be granted a right of entry and residence in order to enable it to live with its guardian in his or her host Member State. 26 March 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Adoption - Family reunification | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland |
OPINION OF ADVOCATE GENERAL CAMPOS SÁNCHEZ-BORDONA delivered on 26 February 2019(1) Case C‑129/18 SM v Entry Clearance Officer, UK Visa Section
I suggest that the Court of Justice should reply to the Supreme Court of the United Kingdom in the following terms: (1) Article 2(2)(c) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC is to be interpreted as meaning that a child cannot be classed as a ‘direct descendant’ of a Union citizen where the child is only in the legal guardianship of that Union citizen under the institution of recueil legal (kafala) that applies in the Republic of Algeria. That child may, however, fall within the category of ‘other family members’ if the other requirements are satisfied and following completion of the procedure laid down in Article 3(2) of Directive 2004/38, in which case the host Member State must facilitate his or her entry and residence in that Member State in accordance with national legislation, having weighed the protection of family life and the defence of the child’s best interests. (2) Articles 27 and 35 of Directive 2004/38 can be applied in any of the situations referred to in that directive where grounds of public policy, public security or public health apply, and in the event of abuse of rights or fraud. (3) In applying Article 3(2) of Directive 2004/38, the authorities of the host Member State may enquire into whether sufficient regard was had, in the procedure for awarding guardianship or custody, to the best interests of the child. 26 February 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 1989 Convention on the Rights of the Child (CRC) | Topic(s): Adoption - Family reunification | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland |
AA (Somalia) v Entry Clearance Officer - Addis Ababa
1 May 2012 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Adoption | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland |
MK (Somalia) and Others (by their guardian and litigation
friend AH) v. Entry Clearance Officer
On appeal from the Asylum and Immigration Tribunal (0A113692006). 19 December 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Adoption - Asylum policy - Children's rights - Family reunification - Pre-entry procedures - Refugees - Right to family life | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland |
Consideration of reports submitted by States parties under article 44 of the Convention : Convention on the Rights of the Child : concluding observations : United Kingdom of Great Britain and Northern Ireland
20 October 2008 | Publisher: UN Committee on the Rights of the Child (CRC) | Document type: Concluding Observations |
In re H. (A Minor) (Adoption: Non-patrial)
- 5 March 1982 | Judicial Body: United Kingdom: High Court (England and Wales) | Document type: Case Law | Topic(s): Adoption | Countries: United Kingdom of Great Britain and Northern Ireland |