Family Reunification for “Paperless” Eritrean Refugees: a Pie in the Sky or a Realisable Right?

Summary, in English

Family reunification is, in the words of the European Union (EU) Family Reunification Directive (2003/86/EC), a ‘necessary way of making family life possible’ and preserving family unity. Yet, barriers exist which hinder refugees’ realisation of their right to family reunification. By taking the plight of Eritrean refugees in Europe as a pertinent case study, this paper shows the obstacles that “paperless” refugees face in their pursuit for family reunification. This calls for consideration of ‘other’ evidentiary standards when refugees are unable to provide official documentary evidence that establishes the existence of a family relationship. In substantiating this argument, this chapter relies on a 2019 judgement of the Court of Justice of the European Union (CJEU) – E. v. Staatssecretaris van Veiligheid en Justitie – which cautions EU Member States to take into account other considerations when documentary evidence is lacking or cannot be obtained.

• Author: Sara Arapiles; Daniel Mekonnen
• Editor: Ellen Desmet; Milena Belloni; Jinske Verhellen; Dirk Vanheule; Ayse Güdük
• Department/s: Department of Law; LU Profile Area: Human rights
• Publishing year: 2024-07-31
• Language: English
• Pages: 209-224
• Publication/Series: Family Reunification in Europe: Exposing Inequalities
• Links: http://dx.doi.org/10.4324/9781003503217-16
• Document type: Book chapter
• Publisher: Routledge
• Topic: Law
• Keywords: Mänskliga rättigheter; Human rights; Paperless refugees; Family reunification; Eritrea; Europe
• Status: Published
• ISBN/ISSN/Other: ISBN: 9781003503217