EDAL case summaries

The discretionary clause in Art. 17 II Dublin-III regulation might under certain circumstances oblige the member states to take charge of an applicant. This can be particularly the case, if the competence of the member state under chapter III of the Dublin-III regulation would not be given because of a deadline expiry the applicant had no influence on.

Article 11(2) of Directive 2003/86 must be interpreted as precluding the rejection of an application for family reunification lodged by a sponsor in favour of a minor of whom she is allegedly the guardian solely on the grounds of lack of official documentary evidence of the family relationship and the sponsor’s inability to explain the absence of such evidence being deemed implausible on the basis of general country of origin information.

Authorities have to take into consideration the specific circumstances of the sponsor and the minor,...

Member States may require individuals who have been residing in the country by virtue of family reunification to pass a civic integration examination on the language and society of the country in order to be granted an autonomous residence permit. However, the requirements for passing this test must not go beyond what is necessary to attain the objective of facilitating integration.

The CJEU ruled on family reunification visas for the family of an individual with subsidiary protection status. It was found that an application for family reunification based on refugee status can be rejected if it was not made within three months of the sponsor receiving refugee status. However, there must be the possibility of lodging a fresh application under a different set of rules provided that national legislation:

–        lays down that such a ground of refusal cannot apply to situations in which particular circumstances render the late...