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European Union
Country of Decision : European Union
Court Name : EU: Court of Justice of the European Union [CJEU]
Date of decision : 20/11/2019
Type : Judgment
ECLI : ECLI:EU:C:2019:993
Case Number/Citation/ Document Symbol : C‑706/18

X. vs Belgium

The application was made in the context of a dispute between X, an Afghan national granted refugee protection, and the Belgische Staat (Belgian State) concerning the latter’s rejection of her application for the issue of a visa for family reunification

The Court  ruled that 

Council Directive 2003/86/EC of 22 September 2003 on family reunification must be interpreted as precluding national legislation under which, in the absence of a decision being adopted within  six months of the date on which the application for family reunification was lodged, the competent national authorities must automatically issue a residence permit to the applicant, without necessarily having to establish in advance that the latter actually meets the requirements for residence in the host Member State in accordance with EU law.

Afghanistan; Family Reunification;

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

EASO IDS

European Union,EU: Court of Justice of the European Union [CJEU], X. vs Belgium, 20/11/2019, ECLI:EU:C:2019:993
CJEU on consequences of failure to comply with the time limit for taking a decision, resulting in automatic issue of a residence permit

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=861