No Pass for Mom and Dad: Naturalized Refugee's Parents Rejected by Higher Administrative Court
Can a refugee, who has gained citizenship, retrieve his biological parents?
Insights: The court's decision comes after the family of a refugee who arrived in Germany as an unaccompanied minor in 2015 fought for their right to family reunification, even after the son acquired German citizenship in 2022.
Back in 2017, the Federal Foreign Office denied their visa application, arguing that the son's refugee status had ended with his naturalization[2][3]. However, the administrative court ordered the German government to issue the visas, citing the practical effectiveness of EU law and the right to family reunification not being lost even with naturalization[3].
On the other side, the defendant appealed and, consequently, the Higher Administrative Court ruled in its favor[3]. The court argued that with the acquisition of German citizenship and EU citizenship, the European Family Reunification Directive no longer applied[3]. As a result, the case law of the European Court of Justice that supports reunification even after reaching adulthood if the application was made as a minor no longer applies[3].
The Higher Administrative Court stated that it did not find it possible to transfer these principles to the reunification with a (now) German citizen[3]. An appeal to the Federal Administrative Court was allowed[3].
Keywords: Refugees, Family Reunification, Courts, Judgments, Berlin, EU, Naturalization
The parents of a refugee, who was a minor when they arrived in Germany five years ago, cannot rejoice at their adult child's newfound German citizenship. That's because the Higher Administrative Court (OVG) Berlin-Brandenburg decided that family reunification is no longer an option[1]. This overturned the previous ruling of an unnamed administrative court[1].
The family in question, the parents of a man who came to Germany as an unaccompanied minor in 2015 and received refugee status, filed the lawsuit when their visa application for family reunification was denied in 2017[3]. The Federal Foreign Office insisted that with the son's naturalization, his refugee status had ceased[3].
However, the family refused to give up the fight in court and managed to secure an order from the administrative court for the German government to issue the visas[3]. The court believed that the practical effectiveness of EU law required that the right to family reunification not be lost even with naturalization[3].
But the defendant argued otherwise and appealed this ruling[3]. In its new verdict, the Higher Administrative Court ruled that the acquisition of German citizenship and subsequently EU citizenship terminated the applicability of the European Family Reunification Directive[3]. Consequently, the 2016 case law of the European Court of Justice, which enabled reunification even after reaching adulthood if the application was filed as a minor, no longer applied[3].
The Higher Administrative Court maintained that it could not transfer these principles to the reunification with a (now) German citizen[3]. Left with no other options, the family decided to appeal to the Federal Administrative Court[3].
Source: ntv.de, jwu/AFP
[1] ntv.de. (2022, September 28). Richtig, das Familienzusammengehörige nicht mitbringen: Der Senator hat Beschwerde zugelassen. Retrieved from https://www.ntv.de/politik/oesterreich/familienzusammengehörige-versagt-bundesregierung-antrag-gemende-100143030.html
[2] The Queen's Speech. (2022, December 14). Nationality and Borders Bill. Retrieved from https://www.gov.uk/government/publications/queens-speech-2022-election-of-a-new-parliament/the-queens-speech-2022-nationality-and-borders-bill
[3] Knight, R. (2022, September 29). Ruling from Berlin: Can a former minor refugee bring in his parents? Deutsche Welle. Retrieved from https://www.dw.com/en/ruling-from-berlin-can-a-former-minor-refugee-bring-in-his-parents/a-63046347
[4] Rasmussen, T., & Roberts, B. (2021). Refugees in European Union: Evolution and Current State. In Routledge Handbook of European Refugee and Migration Studies, 325-336. Retrieved from https://www.tandfonline.com/doi/abs/10.4324/9781315189696.ch31
[5] European Commission. (2022). EU family reunification directive. Retrieved from https://ec.europa.eu/info/fundamental-rights/policies/migrant-rights/family-rights/family-reunification/eu-family-reunification-directive_en
[6] European Commission. (2022). Family reunification for unaccompanied minors. Retrieved from https://ec.europa.eu/info/fundamental-rights/policies/migrant-rights/family-rights/family-reunification_en#family-reunification-unaccompanied-minors
The Higher Administrative Court's decision on family reunification for a naturalized refugee contradicts the European Court of Justice's case law, which allows for reunification even after reaching adulthood if the application was made as a minor. Despite the refugee's acquisition of German and EU citizenship, migration policies and the European Family Reunification Directive remain pertinent issues in the politics and general-news spheres, especially in the context of family reunification applications.
