Case summaries
CJEU - Bundesrepublik Deutschland v SE, Case C-768/19, 09/09/2021
Country of applicant:
Afghanistan
Keywords:
Best interest of the child, Revocation of protection status, Subsidiary Protection, Family member
The Court decides that the relevant point in time to assess the ‘minor’ status of a beneficiary of international protection under the Qualification Directive is the date on which the applicant makes an (informal) application for international protection.
The Court decides that the notion of ‘family member’ under the Qualification Directive does not require an actual resumption of family life between the parent who benefited international protection and the child. Furthermore, the rights of a family member to claim the benefits under the Qualification Directive persist after the beneficiary of subsidiary protection reaches the age of majority, for the duration of the period of validity of the residence permit granted to them.
Date of decision:
09-09-2021
Relevant International and European Legislation:
Article 7,Art 24.1,Art 24.2,Art 24.3,Recital (6),Recital (12),Recital (16),Recital (18),Recital (19),Recital (38),Article 2,Article 3,Article 20,Article 23,Article 24,EN - Treaty on the Functioning of the European Union 2010/C 83/01 - Art 288,Treaty on the Functioning of the European Union 2010/C 83/01 - Art 10,Article 267 § 2,Article 267 § 1 (b),Article 78