Shifting Grounds in Germany: Can a Naturalized Refugee Invite their Parents?
Can a refugee, after obtaining citizenship, seek to reunite with his biological parents?
In a twist of events, a German court has ruled against a naturalized refugee who sought to bring their parents to the country through family reunification.[1] If you're pondering if this decision applies universally, let's dive deeper.
Initially, a family had filed a lawsuit. The father figure had arrived in Germany as an unaccompanied minor refugee in 2015, securing refugee status. Fast forward to 2022, he became a German citizen through naturalization. Prior to this, in 2017, the Foreign Office rejected the family reunification visa application, claiming that his refugee status ended with his naturalization.
The family fought back, and an administrative court ordered the Federal Republic to issue the visas, citing the practical effectiveness of EU law that stipulated the existing claim to family reunification should not be compromised due to naturalization.[1] However, the OVG overturned this decision, stating that with the acquisition of German and EU citizenship, the European Family Reunification Directive no longer applied.[3]
The ECHR's stance emphasizes that reunification is typically possible even after adulthood if the asylum application was made as a minor.[4] Yet, the OVG argued that they found no grounds to apply these principles to the reunification with a (now) German citizen.[4]
So, what does this ruling mean for the future? The game of family reunification in Germany remains a complex landscape, with the ongoing debate surrounding its restrictive policies for certain groups such as those with subsidiary protection status.[2][4] Thus, while this ruling offers insights into a specific case, it's crucial to navigate individual situations with caution and consult legal advice. Keep a weather eye out for updates or exceptions that might surface in the dynamic world of refugee policy.
- Immigration
- Citizenship
- Family Reunification
- Government Policies
- Judicial Decisions
- EU Laws
- Refugees
- Court Disputes
[1] ntv.de[2] thelocal.de[3] AFP[4] European Court of Human Rights
Special Note: This ruling mainly pertains to a very specific circumstance. It's imperative to seek legal counsel and stay informed about updates regarding family reunification policies in Germany.
- This ruling by a German court indicates that the European Family Reunification Directive may not apply to a naturalized refugee's family reunification application, despite the European Court of Human Rights generally allowing reunification for those who applied for asylum as minors.
- The complexity of family reunification policies in Germany is highlighted by this case, as the ongoing debate revolves around restrictive policies towards certain groups, such as those with subsidiary protection status.
