In a landmark judgment, the Federal Administrative Court acknowledged
the existence of a new specific circumstance that goes against the granting
of family asylum. In addition, it considered that the result of the
assessment of evidence made in the original, already concluded, asylum
procedure cannot be simply transposed to the subsequent family asylum
procedure. The right to be heard must be granted again and the results
assessed separately.
The right to family reunion derived from the European Convention on
Human Rights (ECHR) does not expire when the child who could benefit
from it reaches the age of majority during the procedure. This easing of the
case law, which takes into account recent judgments of the European Court
of Human Rights, also has procedural implications