Denmark: Supreme Court found that the 3 year waiting time before granting right to family reunification for persons with temporary protection status does not breach Article 8 ECHR

Monday, November 6, 2017

On 6 November 2017, the Supreme Court of Denmark delivered its ruling in case 107/2017, which concerned an appeal against the Immigration Appeals Board’s decision to refuse to grant family reunification to a Syrian national who had been granted temporary protection in Denmark with her wife, who is still in Syria. According to the Aliens Act, family reunification is limited to those who have been holding a residence permit for more than three years, unless exceptional reasons apply.

The Supreme Court held – particularly referring to the travaux préparatoires for the Aliens Act – that the restriction of the right to family reunification was based on interests that could be protected in accordance with Article 8 ECHR. Although the refusal of family reunification in effect meant that the beneficiary of international protection was kept from living with his wife, this was only temporary. According to the Court, he could return to Syria when the general situation in the country improved, and if this did not happen, he would, as a general rule, be entitled to family reunification with his wife after three years. Moreover, the Supreme Court held that the decision was not in breach of the prohibition of discrimination under Article 14 ECHR.
Based on an unofficial translation by the ELENA Weekly Legal Update. The EWLU would like to thank Line Bøgsted Olsen, ELENA Coordinator for Denmark, for bringing this case to our attention and for informing us of the Supreme Court’s summary online.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.



Family reunification