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Document 62021CN0230

Case C-230/21: Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen (Belgium) lodged on 9 April 2021 — X, acting in her own name and as legal representative of her minor children, Y and Z v Belgische Staat

OJ C 263, 5.7.2021, p. 7–7 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

5.7.2021   

EN

Official Journal of the European Union

C 263/7


Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen (Belgium) lodged on 9 April 2021 — X, acting in her own name and as legal representative of her minor children, Y and Z v Belgische Staat

(Case C-230/21)

(2021/C 263/10)

Language of the case: Dutch

Referring court

Raad voor Vreemdelingenbetwistingen

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

Questions referred

1.

Should EU law, in particular Article 2(f), read in conjunction with Article 10(3)(a), of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (1) be interpreted as meaning that a refugee who is an ‘unaccompanied minor’, and who resides in a Member State, must be ‘unmarried’ under her national law in order to enjoy the right to family reunification with relatives in the direct ascending line?

2.

If so, can a refugee minor whose marriage contracted abroad is not recognised for public policy reasons be regarded as an ‘unaccompanied minor’ within the meaning of Articles 2(f) and 10(3) of Directive 2003/86/EC?


(1)  OJ 2003 L 251, p. 12.


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