The Common European Asylum System does not, in principle, preclude a Member State from automatically extending, as a derived right and for the purposes of maintaining family unity, refugee status to the minor child of a parent who has been granted that status

(Source: Court of Justice of the European Union)

The applicant in the main proceedings, LW, a Tunisian national, was born in Germany in 2017 to a Tunisian mother, whose application for asylum was unsuccessful, and a Syrian father, who was granted refugee status in 2015. The asylum application submitted on behalf of LW was rejected by decision of the Bundesamt für Migration und Flüchtlinge (Federal Office for Migration and Refugees, Germany).

Having been unsuccessful before the court hearing an appeal against that decision, LW brought an Appeal on a point of law against the judgment of that court before the referring court, the Bundesverwaltungsgericht (Federal Administrative Court, Germany).

Judgment of the Court of Justice in Case C-91/20