CELEX: 62021CN0230
Language: en
Date: 2021-04-09 00:00:00
Title: Case C-230/21: Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen (Belgium) lodged on 9 April 2021 — X, acting in her own name and as legal representative of her minor children, Y and Z v Belgische Staat

5.7.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 263/7
            
         
      Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen (Belgium) lodged on 9 April 2021 — X, acting in her own name and as legal representative of her minor children, Y and Z v Belgische Staat
      (Case C-230/21)
      (2021/C 263/10)
      Language of the case: Dutch
      
         Referring court
      
      Raad voor Vreemdelingenbetwistingen
      
         Parties to the main proceedings
      
      
         Applicant: X, acting in her own name and as legal representative of her minor children, Y and Z
      
         Defendant: Belgische Staat
      
         Questions referred
      
      
                  1.
               
               
                  Should EU law, in particular Article 2(f), read in conjunction with Article 10(3)(a), of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (1) be interpreted as meaning that a refugee who is an ‘unaccompanied minor’, and who resides in a Member State, must be ‘unmarried’ under her national law in order to enjoy the right to family reunification with relatives in the direct ascending line?
               
            
                  2.
               
               
                  If so, can a refugee minor whose marriage contracted abroad is not recognised for public policy reasons be regarded as an ‘unaccompanied minor’ within the meaning of Articles 2(f) and 10(3) of Directive 2003/86/EC?
               
            
         (1)  OJ 2003 L 251, p. 12.