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)
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
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?
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.