January 27
2022
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Trajan Shipley
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9th November 2021
Employment & Immigration Human Rights

Court of Justice: EU law allows automatic recognition of refugee status of minors in order to ensure family reunification 

The Court of Justice has delivered its judgment in Bundesrepublik Deutschland (Maintien de l’unité familiale) (C-91/20), a Grand Chamber case concerning the compatibility with Directive 2011/95 of several German law provisions granting refugee status to minors of a recognised refugee in order to ensure family unification, even in the case where the child and the other parent do not qualify individually for international protection, given that they are nationals of another country.

In its judgment, the Court did not follow Advocate General Richard de la Tour’s Opinion, in which he had advised that Articles 3 and 23(2) of the Directive preclude automatic recognition of refugee status of minors in order to ensure family reunification

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