# C_2011219EN.01000201.xml

| 23.7.2011 | EN | Official Journal of the European Union | C 219/2 |
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23.7.2011

EN

Official Journal of the European Union

C 219/2

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Reference for a preliminary ruling from the Rechtbank ’s-Gravenhage, sitting at Zwolle-Lelystad (Netherlands) lodged on 31 March 2011 — Bibi Mohammad Imran v Minister van Buitenlandse Zaken

(Case C-155/11)

2011/C 219/02

Language of the case: Dutch

Referring court

Referring court

Rechtbank ’s-Gravenhage, sitting at Zwolle-Lelystad

Parties to the main proceedings

Parties to the main proceedings

Appellant: Bibi Mohammad Imran

Appellant:

Respondent: Minister van Buitenlandse Zaken

Respondent:

Questions referred

Questions referred

| 1. | Does Article 7(2) of the Family Reunification Directive (1) allow a Member State to refuse entry and residence to a family member, as referred to in Article 4 of the Family Reunification Directive, of a third country national lawfully residing in that Member State, exclusively on the ground that that family member has not passed the integration examination abroad as prescribed in the legislation of that Member State? |
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1.

Does Article 7(2) of the Family Reunification Directive (1) allow a Member State to refuse entry and residence to a family member, as referred to in Article 4 of the Family Reunification Directive, of a third country national lawfully residing in that Member State, exclusively on the ground that that family member has not passed the integration examination abroad as prescribed in the legislation of that Member State?

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| 2. | Is it important in answering Question 1 that the family member concerned is a mother of eight, of whom seven are minors, lawfully residing in that Member State? |
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2.

Is it important in answering Question 1 that the family member concerned is a mother of eight, of whom seven are minors, lawfully residing in that Member State?

| 3. | Is it important in answering Question 1 whether, in the country of residence, accessible tuition is available to the family member in the language of that Member State? |
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3.

Is it important in answering Question 1 whether, in the country of residence, accessible tuition is available to the family member in the language of that Member State?

| 4. | Is it important in answering Question 1 whether the family member concerned, given his or her educational background and personal circumstances, particularly medical problems, would be able to pass that examination in the near future? |
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4.

Is it important in answering Question 1 whether the family member concerned, given his or her educational background and personal circumstances, particularly medical problems, would be able to pass that examination in the near future?

| 5. | Is it important in answering Question 1 that no reviews take place in respect of the provisions of Article 5(5) and Article 17 of the Family Reunification Directive, Article 24 of the Charter or the principle of proportionality as contained in European Union law? |
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5.

Is it important in answering Question 1 that no reviews take place in respect of the provisions of Article 5(5) and Article 17 of the Family Reunification Directive, Article 24 of the Charter or the principle of proportionality as contained in European Union law?

| 6. | Is it important in answering Question 1 that nationals of certain other third countries are exempt, purely on the basis of their nationality, from the obligation to pass the civic examination abroad? |
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6.

Is it important in answering Question 1 that nationals of certain other third countries are exempt, purely on the basis of their nationality, from the obligation to pass the civic examination abroad?

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(1)  Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ 2003 L 251, p. 12).

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