EU court: ‘Refugee who are minors entitled to family reunification if they come of age during procedure’

Brussels – An unaccompanied minor refugee is entitled to family reunification with his parents even if he has come of age during the procedure. The EU Court of Justice with a judgement once again establishes the interpretation of asylum rules. The Luxembourg courts supplements that strand of case-law that recognizes family rights and protection of children.

The Court, in the present case concerning a Syrian national, recalls that the family reunification directive recognizes specific protection for refugees. Given their particular vulnerability, it specifically favors unaccompanied minor refugees by granting them the right to family reunification with their parents. “This right cannot be subordinated to the greater or lesser celerity in the processing of the application,” the Luxembourg judges stress. Accordingly, “the application cannot be rejected on the ground that the refugee is no longer a minor at the date of the decision on that application.”

The Court also recognizes the refugee’s financially fragile status. “One cannot require” the minor refugee to have health insurance as well as sufficient resources. “It is practically impossible for an unaccompanied minor refugee to meet these conditions,” and therefore reunification with family members becomes an additional ground for protection.