Opinion of the Advocate General — ECLI:EU:C:2021:1030
Date: 2021-12-16
Language of the case: German
Subject matter: Asylum policy;Justice and home affairs;Area of freedom, security and justice
Procedure: Reference for a preliminary ruling
Origin: Germany

Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 26 June 2020 – Federal Republic of Germany v XC (Case C-279/20) Language of the case: German Referring court Bundesverwaltungsgericht Parties to the main proceedings Appellant on a point of law: Federal Republic of Germany Respondent in the appeal on a point of law: XC Intervening party: Landkreis Cloppenburg Questions referred Is Article 4(1)(c) of Council Directive 2003/86/EC 1 of 22 September 2003 on the right to family reunification to be interpreted as meaning that the child of a sponsor granted refugee status is a minor within the meaning of that provision even if the child was a minor at the time at which the asylum application was made by the sponsor but came of age before he was granted refugee status and before an application for family reunification was made? If Question 1 is answered in the affirmative: What requirements are to be imposed in terms of a real family relationship within the meaning of Article 16(1)(b) of Directive 2003/86/EC in such a case? (a) Does the legal parent/child relationship suffice or is a real family life necessary? (b) If a real family life is necessary: How close must it be? For example, do occasional or regular visits suffice, must the family cohabit in a single household or must they also be part of a support unit whose members are reliant upon one another? (c) For the purpose of his or her subsequent immigration, must a child still in a third country who has submitted an application for family reunification to join a parent with refugee status and who has since come of age be expected following entry to (re-)establish a family life in the Member State in the manner described in Question 2(b)? ____________ 1 Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ 2003 L 251, p. 12).