EDAL case summaries

The principle of effectiveness and the objectives of the Family Reunification Directive preclude domestic legislation that foresees the automatic issue of an entry and residence permit for family reunification on the sole ground that the time limit to decide on the application has expired without having established the substantial requirements for obtaining such a permit, e.g. family links.

There is a case of urgent necessity concerning interim measures according to § 123 VwGO obliging a Member State to accept a take charge request regarding  the asylum applications of family members of a person entitled to subsidiary protection in that state when the decision on an asylum application of these family members is imminent in the requesting state. 

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,...