A Setback for Family Reunification: Berlin's Court Ruling on Naturalized Refugees
Can a newly naturalized refugee seek to bring his parents to the country?
In a surprising turn of events, a recent ruling by the Higher Administrative Court (OVG) Berlin-Brandenburg has put a damper on the hopes of some former refugee minors in Germany. Contrary to what the Foreign Office has stated, this court has ruled that naturalized former refugee minors may not be able to bring in their parents through family reunification.
The court's decision, as detailed in a court statement, overturns a previous ruling by an unnamed administrative court. The family in question consists of a man who arrived in Germany as an unaccompanied minor in 2015, received refugee status, and was later naturalized in 2022. Since 2017, they had been seeking visa approval for family reunification, but their application was denied after the man acquired German citizenship. The Foreign Office based its decision on the cessation of his refugee status following naturalization.
The family took the matter to court, and the administrative court initially ordered the Federal Republic to issue the visas, arguing that the practical effectiveness of EU law requires that the existing claim to family reunification doesn't disappear even with naturalization. However, upon appeal, the OVG ruled against the family's claim. According to the court, the European Family Reunification Directive is no longer applicable upon the acquisition of German (and, by extension, European Union) citizenship.
While the case law of the European Court of Justice indicates that reunification is generally possible even after reaching adulthood if the application was made as a minor, the OVG deemed it inapplicable in this case. The court explained that it was not feasible to transfer these principles to the reunification with a (now) German citizen. The decision has paved the way for an appeal to the Federal Administrative Court.
- Area of focus: Migration, Refugees, Refugee Policy, Courts, Judgments, Family Reunification, Foreign Office, Berlin, EU
It's essential to remember that German immigration policies are fluid and subject to change. Recent discussions revolve around broader changes to family reunification policies for refugees, including those with subsidiary protection status. These evolving policies could affect various individuals and groups, so it's strongly recommended to consult with legal or immigration authorities for accurate and personalized advice.
[1] European Family Reunification Directive: https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-is-new/ documents/policy_docs/frd/Documents/frd_en.pdf
[2] German government's discussion on broader changes to family reunification policies for refugees: https://www.bundesregierung.de/breg-de/themen/laenderfragen-binnen/fluechtlinge/fluechtlingsgesetz-vom-01-08-2015-1748494
- The court's ruling on the German naturalized refugee's family reunification case has drawn attention to the intersection of German employment and community policies, as more refugees seek employment and integration opportunities after gaining citizenship.
- The evolving family reunification policies in German politics and the court's decision could significantly influence the migration practices and news coverage regarding refugee integration and reunification in the EU, particularly under the European Family Reunification Directive.
