The Court of Justice of the EU released its judgement in the case C-14/23. The latter case concerns a Cameroonian national who, in August 2020, made an application for a visa in order to study in Belgium. The Belgian State refused it on the ground that the study plan of the person concerned was inconsistent. It considered that her application was in fact aimed at purposes other than the pursuit of studies since she had no genuine intention to study in Belgium.

In its judgment, the Court holds that the directive on the conditions of entry and residence in the European Union for third-country nationals for the purposes of studies does not preclude a Member State, from rejecting an application for admission to its territory for study purposes where the third-country national has submitted that application without having a genuine intention of studying there, even when that Member State has not transposed the provision of the directive which permits such rejection. The prohibition of abusive practices is a general principle of EU law, the application of which is not subject to a requirement of transposition.

As regards the circumstances based on which it may be concluded that the application is abusive, the Court considers that such a conclusion must be based on an examination on a case-by-case basis, following an individual assessment of all the circumstances specific to each application. The Court notes that inconsistencies in an applicant’s planned studies may also constitute one of the objective circumstances contributing to a finding of an abusive practice, provided that those inconsistencies are apparent and that they are assessed in the light of the particular case.

For further information, please read the press release and the judgement of the Court.