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Belgium
Country of Decision : Belgium
Court Name : BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Date of decision : 11/12/2019
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : 230.067 and 230.068

Applicants vs General Commissioner for Refugees and Stateless persons (Commissaire général aux réfugiés et aux apatrides)

According to the national contribution to the EMN Annual Report on Migration and Asylum 2019:

In these judgments (no. 230.067 and no. 230.068) the Council states that the principle of "family unity" does not give rise to a right to international protection. The principle of maintaining family unity of persons enjoying international protection is enshrined in Article 23 of the Qualification Directive 2011/95/EU. This Article requires Member States to organize their national law in such a way that certain members of the family of a person enjoying international protection, who themselves are not eligible for such protection, could be entitled to the issue of a residence permit, access to employment or training (in line with ECJ, 4 October 2018, NRK Ahmedbekova and REO Ahmedbekok, no. C-652/16, point 68). However, neither Article 23 of the Qualification Directive 2011/95/EU, nor any internal or international legal standard, requires that the family members of a person enjoying international protection should be granted the same status as the latter.

Family Reunification;

Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC;

EASO Annual Report on the Situation of Asylum in the EU

Belgium,BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], Applicants vs General Commissioner for Refugees and Stateless persons (Commissaire général aux réfugiés et aux apatrides), 11/12/2019
BE: The CALL states that the principle of 'unity of the family' does not create any right to international protection

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=980