Key facts of the case - The applicant, Mrs B., had applied for a family reunification before the prefecture in compliance with art. 4 of the French-Algerian Convention of the 27 December 1968. She wanted her niece, living in Algeria, to join her in France. Indeed, she had been left the nine years old girl in her care pursuant to a kafala decision delivered by an Algerian court. However, her application had been dismissed and she brought a proceeding before the administrative court of Lyon.
The administrative court of appeal of Lyon upheld the first decision, which was based on the interest of the girl remaining in Algeria with her parents and family and where she had always been living. Accordingly, the appeal had been dismissed.

Main reasoning of the court - The Council of State overturns this judgment. The Council finds that in principle, it is of the child’s interest to live with the person who holds the parental authority according to an Algerian court decision enforceable in France. With regard to the French-Algerian Convention of the 27 December 1968, the family reunification cannot be declined because of the child’s interest being to stay in Algeria with his/her family.
The Council of State adds that the administrative authority might, in general, refer to the income and the housing conditions of the person who holds the parental authority in order to reject the family reunification. Nevertheless, in the case at hand, the child’s interest is to live with the applicant.