European Court of Justice Rules Minors Retain Right of Family Reunification for Period After Reaching Age of Majority (April 12, 2018) [1]
On April 12, 2018, the Court of Justice of the European Union ruled [3] in A, S v. Staatssecretaris van Veiligheid en Justitie that under the EU Directive on Family Reunification an unaccompanied minor retains the right to family reunification even if he or she reaches the age of majority while awaiting results of the asylum procedure. According to the press release [4], the Court held that “minors” are considered to be “nationals of non-EU countries and stateless persons who are below the age of 18 at the moment of their entry into the territory of a Member State and of the introduction of their asylum application in that state and who, in the course of the asylum procedure, attain the age of majority and thereafter are recognised as having refugee status.” The Court further held that “refugees who are unaccompanied minors have a right to such reunification which is not subject to a margin of discretion on the part of Member States,” and specified that “the application for family reunification must be made within a reasonable time, namely in principle within three months of the date on which the minor concerned was recognised as having refugee status.”