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Sweden
Country of Decision : Sweden
Court Name : SE: Migration Court of Appeal [Migrationsöverdomstolen]
Date of decision : 05/03/2018
Type : Decision
ECLI :
Case Number/Citation/ Document Symbol : UM2630-17

A. (Eritrea) vs Stockholm Administrative Court [Förvaltningsrätten i Stockholm]

A., an Eritrean woman with her child, applied for family reunification with her husband F. that was granted a refugee permit in Sweden. The migration board denied the request because no passport or other documents were submitted in order to verify the kinship between them. A. appealed the decision before the administrative court due to the fact that she can not ask  Eritrean authorities for passport since her husband was a political opponent of the governing Party, but received a negative result because the administrative court stated that the passport was an essential proof and they can cross the border with some neighbor country to obtain it from another embassy. A. appealed the decision to the Migration Court of appeal that recognized the impossibility to obtain a passport from the authorities nor escape illegally the country. 

Eritrea; Family Reunification; Humanitarian Visa;

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

EASO Courts and Tribunals Network

Sweden,SE: Migration Court of Appeal [Migrationsöverdomstolen] , A. (Eritrea) vs Stockholm Administrative Court [Förvaltningsrätten i Stockholm], 05/03/2018
SE: Court rules on passport requirement for family reunification

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=586