Gonrieh (C-819/25 PPU)
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What was at stake
CJEU case. Subject matter: Borders, asylum and immigration.
What happened
Y, a beneficiary of international protection residing in Belgium, obtained a visa for himself, while his spouse X and their five children remained in the Gaza Strip. The Belgian authorities granted visas to X and the children on the condition that they appear in person at a Belgian consular post for identity verification, but the blockade and closure of crossing points prevented them from traveling to Egypt or any other location where such verification could occur. Consequently, the family sought an order compelling Belgium to include them in an evacuation process or to facilitate their travel, leading to a preliminary reference before the Court of Justice of the European Union.
What the court decided
The Court ruled on the obligations of a Member State that had granted family-reunification entry visas to the partner and five children of a beneficiary of international protection, subject to in-person identity verification the family could not attend because they were unable to leave the Gaza Strip/Egypt. It held that while the State must grant such persons every facility for obtaining the requisite visas, that duty is confined to removing administrative obstacles and expediting procedures. The Member State is therefore not required to arrange the transfer of those persons to the place of identity verification, nor to contact one or more third countries to facilitate that transfer, in a situation where it is impossible for them to travel there.
How the court got there
The Court held that the obligation under Article 13(1) of Directive 2003/86/EC to grant ‘every facility for obtaining the requisite visas’ is limited to removing administrative obstacles and expediting procedural steps. It clarified that this duty does not extend to arranging the physical transfer of visa holders or to coordinating with third‑country authorities to enable travel when such travel is impossible. Therefore, the Member State is not required to include the family in an evacuation scheme or to secure their movement to the consular post.
Statutes and cases cited
- § Directive 2003/86/EC
- § Charter of Fundamental Rights of the European Union
- § Directive 2015/637
- Afrin (C‑1/23 PPU)
- Mercredi (C‑497/10 PPU)
- P (C‑455/15 PPU)
Categories
Authoritative link
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