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Case C-230/21: Judgment of the Court (Third Chamber) of 17 November 2022 (request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen — Belgium) — X, acting in her own name and as legal representative of her minor children, Y and Z v Belgische Staat (Reference for a preliminary ruling — Area of freedom, security and justice — Immigration policy — Directive 2003/86/EC — Article 2(f) — Article 10(3)(a) — Concept of ‘unaccompanied minor’ — Right to family reunification — Refugee minor who is married at the time of her entry into the territory of a Member State — Child marriage not recognised in that Member State — Cohabitation with the spouse lawfully residing in that Member State)
ECLI:EU:UNKNOWN:62021CA0230
62021CA0230
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16.1.2023
Official Journal of the European Union
C 15/13
(Case C-230/21) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Area of freedom, security and justice - Immigration policy - Directive 2003/86/EC - Article 2(f) - Article 10(3)(a) - Concept of ‘unaccompanied minor’ - Right to family reunification - Refugee minor who is married at the time of her entry into the territory of a Member State - Child marriage not recognised in that Member State - Cohabitation with the spouse lawfully residing in that Member State)
(2023/C 15/12)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: X, acting in her own name and as legal representative of her minor children, Y and Z
Defendant: Belgische Staat
Operative part of the judgment
Article 10(3)(a) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, read in conjunction with Article 2(f) of that directive,
must be interpreted as meaning that an unaccompanied refugee minor residing in a Member State does not have to be unmarried in order to acquire the status of sponsor for the purposes of family reunification with his or her first-degree relatives in the direct ascending line.
(<span class="oj-super">1</span>) OJ C 263, 5.7.2021.
Language of the case: Dutch