The Constitutional Court of Belgium annulled two stipulations in the alien law of 2006 today, relating to the requirements for family reunification. There were appeals against a number of other articles, but only these were rejected.
The court annulled an article which gave no right of family reunification to children born of a polygamous marriage and who were descended of an alien established in Belgium or from an alien who was already permitted or authorized to an unlimited stay and from one of the spouses not living in Belgium.
In addition the court annulled the stipulation that parents of a minor alien recognized as a refugee, must ask for family reunification within a year if they want to be exempted from producing evidence that the minor has sufficient accommodations and health insurance.
The court said that the requirement for such evidence causes differential treatment between minor refugees, as to whether the application by their parents is made before or after a year passed after their own recognition as a refugee. According to the court this article has a disproportionally adverse effect on the right to family reunification.
Source: HLN (Dutch)