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Case C-374/22, Commissioner-General for Refugees and Stateless Persons (Family Unity): Judgment of the Court (Second Chamber) of 23 November 2023 (request for a preliminary ruling from the Conseil d’État — Belgium) — XXX v Commissaire général aux réfugiés et aux apatrides (Reference for a preliminary ruling — Directive 2011/95/EU — Standards for granting refugee status or subsidiary protection status — Father of minor refugee children born in Belgium — Father not a ‘family member’ within the meaning of Article 2(j) of that directive — Application for the grant of international protection, as a derived right, submitted by that father — Rejection — No obligation on Member States to recognise the right of the person concerned to obtain that protection if he does not individually qualify for it — Article 23(2) of that directive — Inapplicability)

ECLI:EU:UNKNOWN:62022CA0374

62022CA0374

November 23, 2023
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Official Journal of the European Union

Series C

C/2024/611

15.1.2024

(Case C-374/22, (<span class="oj-super oj-note-tag">1</span>) Commissioner-General for Refugees and Stateless Persons (Family Unity))

(Reference for a preliminary ruling - Directive 2011/95/EU - Standards for granting refugee status or subsidiary protection status - Father of minor refugee children born in Belgium - Father not a ‘family member’ within the meaning of Article 2(j) of that directive - Application for the grant of international protection, as a derived right, submitted by that father - Rejection - No obligation on Member States to recognise the right of the person concerned to obtain that protection if he does not individually qualify for it - Article 23(2) of that directive - Inapplicability)

(C/2024/611)

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: XXX

Defendant: Commissaire général aux réfugiés et aux apatrides

Operative part of the judgment

Article 23 of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted,

must be interpreted as not requiring the Member States to grant the parent of a child who has refugee status in a Member State the right to international protection in that Member State.

ELI: http://data.europa.eu/eli/C/2024/611/oj

ISSN 1977-091X (electronic edition)

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Language of the case: French.

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