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CJEU Case C-550/16 / Judgment

A and S v Staatssecretaris van Veiligheid en Justitie

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Second Chamber)
Type:
Decision
Decision date:
12/04/2020

Key facts of the case:

Reference for a preliminary ruling — Right to family reunification — Directive 2003/86/EC — Article 2(f) — Definition of ‘unaccompanied minor’ — Article 10(3)(a) — Right of a refugee to family reunification with his parents — Refugee below the age of 18 at the time of entry into the Member State and at the time of application for asylum, but over 18 at the time of the decision granting asylum and of his application for family reunification — Relevant date for assessing ‘minor’ status of the person concerned

Outcome of the case:

On those grounds, the Court (Second Chamber) hereby rules:

Article 2(f) of Directive 2003/86/EC of 22 September 2003 on the right to family reunification, read in conjunction with Article 10(3)(a) thereof, must be interpreted as meaning that a third-country national or stateless person who is below the age of 18 at the time of his or her entry into the territory of a Member State and of the introduction of his or her asylum application in that State, but who, in the course of the asylum procedure, attains the age of majority and is thereafter granted refugee status must be regarded as a ‘minor’ for the purposes of that provision.