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Opinion of the Court of Justice of the EU in the case Noorzia (C-338/13) on Area of Freedom, Security and Justice

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On 30 April 20144, Pedro Cruz Villalón, Advocate General at the Court of Justice of the EU, pronounced his judgement in the case Noorzia (C-338/13) on Area of Freedom, Security and Justice. In September 2010, Mrs Noorzia, an Afghan national, applied to the Austrian embassy in Islamabad (Pakistan) for a residence permit for the purpose of family reunification with her husband, also an Afghan national living in Austria. That application was rejected by the Austrian authorities on the ground that Mrs Noorzia’s husband had not reached the age of 21 at the time the application was submitted, even though he had, in any event, reached that age before the decision rejecting the application was adopted. Mrs Noorzia appealed against that decision. The matter was brought before the Verwaltungsgerichtshof (the Austrian Higher Administrative Court), which has requested the Court of Justice to consider whether Austrian legislation is compatible with the family reunification directive. The Court made the point first of all that the right to family reunification, which is conferred and governed by EU law, constitutes a specific aspect of the right to family life, which is, in turn, a fundamental right enshrined not only in the European Convention on Human Rights but also the Charter of Fundamental Rights of the EU.
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Type: Report   Reference: I-088916   Date: 30/04/2014   Duration: 01:26
Personalities:   Cruz Villalón, Pedro  
Location: Luxembourg [town] - Court of Justice of the EU  
Languages: ORIGINAL

Tags: Afghanistan | Austria | Court of Justice of the EU | Marriage
© European Union, 2014   /   Source: EC - Audiovisual Service
Director: Ines Espana
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