Key legal question
Whether the older son D. had a right to family reunification with a settlement permit or under Article 8 ECHR
Extracted holding
No enforceable entitlement existed because he had already exceeded the age limit when the father obtained the settlement permit, and no dependency relationship was shown.
Extracted reasoning
For family reunification under Art. 17(2) ANAG the relevant date for the age requirement is the filing date only if the parent already holds the settlement permit; here the permit was granted later, when D. was already over 18. Article 8 ECHR also did not help because no special dependency was alleged.