ECJ judges in Luxembourg ruled Tuesday that unaccompanied minor migrants remain entitled to family reunification even if they come of age during the decision-making process.

The specific case before the ECJ involved a Syrian minor who was granted refugee status in Austria. His parents and sister applied for residence permits to join him under EU family reunification guidelines.

Austrian authorities initially rejected the application on the grounds that the young man, who was 16 when he arrived in Austria, would turn 18 while the request was still being processed.

Furthermore, the parents of the plaintiff had missed the application window to submit family reunification papers — but by less than 24 hours.

The parents of the plaintiff appealed the decision against them, prompting the court in Vienna to seek further interpretation of the EU directive on family reunification from the ECJ.

After rounds of denials, the now 24-year-old can look forward to being joined by his parents and sister.

Also read: ECJ rules against obligatory extension of asylum status from children to their parents

Debate on family reunification for almost ten years

In its ruling, the ECJ leant on an earlier landmark decision on family reunification issued in response to the so-called 2015/2016 "refugee crisis".

That decision said that in cases where minors are recognized as refugees, their parents can claim the right to family reunification, even if the child comes of age during the reunification process. 

It also stated that under exceptional circumstances, adult siblings may also be included.

The new ruling doubles down on the earlier decision, instructing authorities to prioritize family reunification whenever uncertainties arise. 

Making sure authorities don't sabotage refugee rights

The crux of the legal dispute centered around the question of what the legal consequence should be if a minor has the right to reside with their parents in the EU while seeking protection but local authorities take their time to recognize them fully as a refugee.

The ECJ stated that family reunification had to be given legal priority. Otherwise, the court said, local authorities across the EU could deliberately drag their heels in such cases in order to avoid the families in question from reuniting.

This ruling means that authorities cannot undermine the rights of minors by intentionally delaying decisions.

Also read: Germany: Number of unaccompanied refugee minors more than doubles

EU focus on rights of young refugees

The ECJ’s interpretation of the case from Austria is particularly important at this moment as the EU aims to limit the circumstances under which special protection status can be issued to young refugees.

This also means the EU is planning to reassess the three-month application deadline for family reunification.

The ECJ scrutinized the purpose of this provision, clarifying that the three-month time limit does not apply if the child is still a minor when it expires. 

This means that entry applications for family reunification for minors can be submitted "without having to comply with a time limit," the ECJ said.

General rules on family reunification remain unchanged

However, the ECJ also addressed the fact that the overall requirements for family reunification would not change because of the ruling, meaning that recognized refugees must still prove that they have sufficient living space, income and health insurance provisions for their newly arriving family members. 

The court stressed, however, that this requirement does not apply to minors.

Also read: Refugee minors have a right to family reunification – even if they're married, EU's top court rules