The reason for the ECJ judgment is the case of a Syrian refugee recognized in Austria. The man had visited his two daughters in Belgium, one of whom was a minor and both of whom enjoyed subsidiary protection, and applied again for international protection there. This application was rejected because the Syrian had already been recognized as a refugee in Austria. The man took action against this decision and, after the Council for Alien Disputes, called the Belgian Council of State, which in turn asked the ECJ for a preliminary ruling.
In his judgement, the latter explained that Member States – in this case Belgium – must ensure that the family unit is maintained by introducing a series of benefits for the family members of the person enjoying international protection, such as the granting of a right of residence under certain conditions . The Belgian court, which finally decides on the lawsuit, must now determine how the situation is in the specific case. It is bound by the legal interpretation of the ECJ.
Source: Nachrichten
