The male author was receiving social benefits on the basis of his disability and he was not in a position to take up employment. Danish authorities rejected the author’s application for family reunification as they concluded that the male author had a reasonable prospect of satisfying the requirement of self-support in section 9 (5) of the Aliens Act because of his possibility of finding a job, however when the authors made an application for family reunification the male author had not yet qualified for the wage subsidy program and could therefore not fulfil the requirement in section 9 (5) for family reunification under the Aliens Act.
The Committee therefore finds that the fact that the relevant domestic authorities rejected the authors’ application for family reunification on the basis of criteria that was indirectly discriminatory for persons with disability had the effect of impairing or nullifying the authors’ enjoyment and exercise of the right to family life on an equal basis with others, in violation of their rights under article 5 (1-2) read alone and in conjunction with article 23 (1) of the Convention.
26. October 2018