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Luxembourg
Country of Decision : Luxembourg
Court Name : LU: Administrative Court [Cour Administrative]
Date of decision : 15/03/2018
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : no. 40345C

Etat du Grand-Duché de Luxembourg vs Administrative Tribunal [Decision No 37830 of 26 September 2017]

A young Syrian adult beneficiary of international protection introduced an application for family reunification for his parents and sister who were still in Syria. The Ministry refused the application. The applicant introduced an appeal before the First Instance Administrative Court which ruled in his favour. Following the state’s appeal, the Second Instance Administrative Court overturned this judgement and confirmed the refusal of the Ministry. According to the court, “the notion of being “dependant” (être à charge) is essentially to be understood in the sense of a need for material support from the sponsor, required to support the essential needs of the beneficiary in the country of origin.”  It should however be noted that the interpretation of the notion of dependence should not be purely financial.  The right to respect of private and family life (article 8 of the European Convention of Human Rights): Adults wishing to join one of their family members in a host country “will only be welcomed due to the protection of the aforementioned article 8 if additional elements of dependence exist; elements that go beyond the normal affective links that characterise the relations of one adult with his / her family or origin”.  The court underlines that the young man had left his family home to study in another city. In consequence, he enjoyed a certain independence and the family links were not of exceptional intensity.

Family Reunification; Refugee Protection; Syria;

European Convention on Human Rights; Family Reunification Directive (Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification);

EASO Networks

Luxembourg,LU: Administrative Court [Cour Administrative], Etat du Grand-Duché de Luxembourg vs Administrative Tribunal [Decision No 37830 of 26 September 2017], 15/03/2018
LU: Second appeal overturned the family reunification decision made by administrative tribunal for a Syrian refugee

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=508