# C_2021072EN.01001003.xml

| 1.3.2021 | EN | Official Journal of the European Union | C 72/10 |
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1.3.2021

EN

Official Journal of the European Union

C 72/10

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Request for a preliminary ruling from the Verwaltungsgericht Wien (Austria) lodged on 26 October 2020 — CR, GF, TY

(Case C-560/20)

(2021/C 72/14)

Language of the case: German

Referring court

Verwaltungsgericht Wien

Parties to the main proceedings

Appellants: CR, GF, TY

Respondent authority: Landeshauptmann von Wien (head of government of the province of Vienna)

Questions referred

| 1. | Can the third-country national parents of a refugee who has applied for asylum as an unaccompanied minor and has been granted asylum as a minor continue to rely on Article 2(f) in conjunction with Article 10(3)(a) of Council Directive 2003/86/EC (1) if the refugee reached the age of majority after being granted asylum but during the procedure for granting a residence permit to his parents? |
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1.

Can the third-country national parents of a refugee who has applied for asylum as an unaccompanied minor and has been granted asylum as a minor continue to rely on Article 2(f) in conjunction with Article 10(3)(a) of Council Directive 2003/86/EC (1) if the refugee reached the age of majority after being granted asylum but during the procedure for granting a residence permit to his parents?

| 2. | If Question I is to be answered in the affirmative: In such a case, is it necessary that the parents of the third-country national comply with the period for submitting an application for family reunification referred to in the judgment of the Court of Justice of 12 April 2018, C-550/16, A and S (2), paragraph 61, namely ‘in principle, [...] within a period of three months of the date on which the “minor” concerned was declared to have refugee status’? |
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2.

If Question I is to be answered in the affirmative: In such a case, is it necessary that the parents of the third-country national comply with the period for submitting an application for family reunification referred to in the judgment of the Court of Justice of 12 April 2018, C-550/16, A and S (2), paragraph 61, namely ‘in principle, [...] within a period of three months of the date on which the “minor” concerned was declared to have refugee status’?

| 3. | If Question I is to be answered in the affirmative: In such a case, is it necessary that the parents of the third-country national comply with the period for submitting an application for family reunification referred to in the judgment of the Court of Justice of 12 April 2018, C-550/16, A and S, paragraph 61, namely ‘in principle, [...] within a period of three months of the date on which the “minor” concerned was declared to have refugee status’? |
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3.

If Question I is to be answered in the affirmative: In such a case, is it necessary that the parents of the third-country national comply with the period for submitting an application for family reunification referred to in the judgment of the Court of Justice of 12 April 2018, C-550/16, A and S, paragraph 61, namely ‘in principle, [...] within a period of three months of the date on which the “minor” concerned was declared to have refugee status’?

| 4. | If Question II is to be answered in the affirmative: What criteria are to be applied when assessing whether such an application for family reunification was submitted ‘in principle’ within a period of three months within the meaning of the statements made in the judgment of the Court of Justice of 12 April 2018, C-550/16, A and S, paragraph 61? |
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4.

If Question II is to be answered in the affirmative: What criteria are to be applied when assessing whether such an application for family reunification was submitted ‘in principle’ within a period of three months within the meaning of the statements made in the judgment of the Court of Justice of 12 April 2018, C-550/16, A and S, paragraph 61?

| 5. | If Question II is to be answered in the affirmative: Can the refugee’s parents continue to rely on their right to family reunification under Article 10(3)(a) of Directive 2003/86 if three months and one day have elapsed between the date on which the minor was declared to have refugee status and the date on which they applied for family reunification? |
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5.

If Question II is to be answered in the affirmative: Can the refugee’s parents continue to rely on their right to family reunification under Article 10(3)(a) of Directive 2003/86 if three months and one day have elapsed between the date on which the minor was declared to have refugee status and the date on which they applied for family reunification?

| 6. | Can a Member State require the refugee’s parents, in principle, to meet the conditions of Article 7(1) of Directive 2003/86 in a family reunification procedure under Article 10(3)(a) of Directive 2003/86? |
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6.

Can a Member State require the refugee’s parents, in principle, to meet the conditions of Article 7(1) of Directive 2003/86 in a family reunification procedure under Article 10(3)(a) of Directive 2003/86?

| 7. | Is the requirement to meet the conditions referred to in Article 7(1) of Directive 2003/86 in the context of family reunification under Article 10(3)(a) of Directive 2003/86 dependent on whether the application for family reunification was submitted within a period of three months after the granting of the refugee status within the meaning of the third subparagraph of Article 12(1) of Directive 2003/86? |
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7.

Is the requirement to meet the conditions referred to in Article 7(1) of Directive 2003/86 in the context of family reunification under Article 10(3)(a) of Directive 2003/86 dependent on whether the application for family reunification was submitted within a period of three months after the granting of the refugee status within the meaning of the third subparagraph of Article 12(1) of Directive 2003/86?

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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).

(2)  EU:C:2018:248.

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