EDAL case summaries
Requests for family reunification must be examined even if the third-country national, who is a family member of an EU citizen who has never exercised his right of freedom of movement, is subject to an entry ban. Whether there is a relationship of dependency between the third-country national and the EU citizen and whether public policy grounds justify the entry ban must be assessed on a case-by-case basis.
The applicant claimed that Germany violated his right of family life under Article 8 of the Convention by refusing to grant him a residence permit.
The case dealt primarily with the standard of reasoning required in credibility assessment among other issues (travel findings and best interests of the child). In quashing the RAT decision, the High Court ruled that the RAT had not met the standard of reasoning required in assessment of the credibility of oral testimony (as established in the jurisprudence of the Court and EU law), reiterating the obligation upon the decision maker to ensure that each negative credibility finding is accompanied by an adequate rationale clearly outlining the reasons for such findings.
The expulsion of an asylum seeker after asylum proceedings lasting approximately eight years without any culpable delay by the Applicant, during which he established a family and also integrated well in other respects, infringes his right to a private and family life.
The case concerned a single mother with no education or social network in Nigeria who, together with her daughter, was granted a residence permit because of "particularly distressing circumstances". The applicant was granted permanent residence as she was expected to have difficulty providing for herself and her daughter on return, and thereby risked being forced into prostitution.
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- Family unity (right to) 2
- Assessment of facts and circumstances 1
- Credibility assessment 1
- Dependant (Dependent person) 1
- Duty of applicant 1
- Family member 1
- Humanitarian considerations 1
- Individual assessment 1
- Membership of a particular social group 1
- Obligation to give reasons 1
- Political Opinion 1
- Relevant Documentation 1
- Return 1