RESEARCH & ADVOCACY ON FAMILY REUNION
PUTTING IT ALL TOGETHER - A BOOKLET ON FAMILY REUNION
Family reunification under the Dublin III Regulation is a simple and efficient procedure. In practice, it is confronted with various pitfalls. The booklet on family reunification, which we produced in cooperation with Diakonie Deutschland, is devoted to all questions relevant to practice - but not without leaving fundamental legal questions unanswered.
WHY THERE IS A CLAIM TO BE REUNIFIED WITH ONES FAMILY WITHIN EUROPE - LEGAL ARGUMENTS AND CASE LAW ANALYSIS
There has been and still is much controversy about whether the Dublin III Regulation gives asylum seekers an individual right to be reunited with their family members. The European Court of Justice in Luxembourg has increasingly geared its case law to the interests of asylum seekers. While the so-called Abdullahi ruling still stated that asylum seekers could not invoke the criteria of the Dublin II Regulation, which was still in force at the time, it has become clear since the Ghezelbash, Karim and Mengesteab cases at the latest that this is possible within the framework of the Dublin III Regulation. Asylum seekers have a right to the correct application of the regulation. The problem is that the case law of the European Court of Justice only refers to a situation in which the asylum seeker is respectively acting against the decision to be transferred to another Member State. The European Court of Justice has not yet decided whether asylum seekers can also go to court for a transfer - and by what means. We are sure: yes! We have made this clear several times in scientific and judicial analyses.
WHY IT IS ILLEGAL TO LIMIT FAMILY REUNIFICATION TO A CERTAIN NUMBER PER MONTH - LEGAL TREATISES
In 2017 there were reports that family reunification from Greece to Germany had been limited to 70 people per month. Although these figures were never confirmed, the reunification process was extremely slow, whereas the Dublin III Regulation is requiring speed and allowing only 6 months for transfers. Limitations and decelerations are illegal, as has been made clear at some point by German administrative courts. We have made a number of comments on this.
UNLAWFUL REJECTIONS OF TAKE-CHARGE REQUESTS - LITIGATION AND ADVOCACY
Our Athens office handles litigation cases in which the German Dublin Unit has unlawfully rejected a take-charge request. Of course, we cannot guarantee that the legal proceedings will be successful.
Please send us your cases in which the family unit is unlawfully prevented to firstname.lastname@example.org using the referrall form provided.
In 2018, we conducted a training on family reunion under the Dublin-III-Regulation together with Safe Passage in Chios and Athens.
It focusses on all issues of the family reunion process from Greece to Germany and gives advice how to deal with different situations.
We are happy to provide you with the PowerPoint Slides.
On Friday, 31 August 2018, the Research Centre for Migration Law (Forschungsstelle Migrationsrecht), in cooperation with Diakonie Deutschland, organised a training course on the subject of family reunification, which focused on the requirements and procedures for family reunion under the Dublin III Regulation. Robert and lawyer (and member of our advisory board) Dr. Hannah Tewocht, gave an overview of the practice-relevant issues in the field of family reunification under the Dublin III Regulation as well as for beneficiaries of subsidiary protection under § 36a of the Residence Act. In addition to the legal basics, questions of legal protection were also addressed and discussed with the participants.