GERMAN FOREIGN MINISTRY WILL NOT FOLLOW EUROPEAN COURT OF JUSTICE DECISION

According to an e-mail which has been made available to the Mobile Info Team, the German Foreign Ministry is not willing to follow a decision of the European Court of Justice from April (C-550/16) this year. The ruling held that unaccompanied minors who turn 18 during the asylum procedure are still able to bring parents by a visa. On request, the German embassy in Athens stated the following:

“The judgment of the European Court of Justice has no binding effect for Germany, since the Dutch legal position relevant to the ECJ decision differs significantly from the German one. In the Netherlands, the parents of a minor have an independent right of residence (in the sense of Article 15 (2) of the Family Reunification Directive) which does not expire at the end of their minority. Pursuant to § 36 (1) AufenthG (German residence permit law), however, parental entitlement requires the child to be a minor at the time the parents enter Germany, as the scheme serves to protect the unaccompanied minor refugee and his interest in the family unit Parents. After coming of age, the AufenthG does not provide a basis for issuing a residence permit for parents of children who had previously arrived in Germany under the age of minority. A visa application thus has no chance of success.”

According to legal experts, this approach may be unlawful and should be challenged in a German court.