‘EU countries must have a humanitarian issue the visa at martelrisico’
EU countries have a humanitarian issue the visa to people who in their country is a serious risk of inhuman to be treated or tortured. That sets advocate general Mengozzi of the European Court of Justice Tuesday.
The case revolves around a Syrian christian family with three children in October last year for a humanitarian visa at the Belgian embassy in Lebanon, out of fear of persecution and torture. They would then be in Belgium to apply for asylum. A family member stated to have been kidnapped and tortured.
The Belgian Immigration Service refused the visa, with the important argument that there is no obligation to anyone who is in a disastrous situation. The family went in appeal, which the case to the court of justice in Luxembourg was submitted.
According to the advocate-general on the situation of the family under European law. Therefore, the Charter of fundamental rights, which the martelverbod is recorded is respected. It doesn’t matter if there is a tie with the country for which the visa is requested.
The state, according to Mengozzi determined that the family is “a real risk, and ran a very inhuman treatment,” and therefore, the protection can ask. Belgium had the visa therefore, is not allowed to refuse. It does not matter whether the applicant has a connection with the country to which a visa is requested.
The Belgian state secretary Theo Francken (Asylum) was because of the “profound implications” for the European asylum policy to other fourteen EU-countries, including the Netherlands, asked for support in the lawsuit.
The court will later this year award. In many cases, to follow the judges opinions of the attorney general.