The Court of Justice of the European Union released its judgement in Case C-560/20. After an unaccompanied Syrian minor obtained refugee status in Austria, his parents and his adult sister applied for residence permits there in order to be able to join him. The Austrian authorities rejected those applications on the ground that, after they were submitted, the young Syrian became an adult, as well as subsequent applications for family reunification. The parents and sister challenged the latter rejection before the Administrative Court, Vienna. That court requested the Court of Justice to interpret the directive on the right to family reunification.

In the first place, the Court held that an unaccompanied minor refugee, who reached majority during the procedure relating to the application for family reunification with his or her parents, has a right to such reunification. That right cannot depend on how quickly or slowly the application for international protection is processed. Consequently, the application cannot be rejected on the ground that the refugee is no longer a minor on the date of the decision on that application.

In the second place, the Court noted that, on account of the illness of the minor refugee’s sister, if she were not approved for family reunification with him, at the same time as her parents, the refugee would, de facto, be deprived of his right to family reunification with them, given that it is impossible for those parents to join their son without taking their daughter with them.

The Court found, in the third place, that neither the minor refugee nor his parents can be required to have for themselves and for the seriously ill sister sufficient accommodation, sickness insurance as well as sufficient resources. After all, it is practically impossible for an unaccompanied minor refugee to meet such conditions. Likewise, it is extremely difficult for the parents of such a minor to meet those conditions before even having joined their child.

For further details, please read the judgement of the Court and the press release from 30 January 2024.