Case summaries

  • My search
  • Relevant International and European Legislation
    1
Reset
CJEU - Case C-550/16 A and S, 12 April 2018
Country of applicant: Eritrea

An asylum applicant who is below the age of 18 at the time of his or her entry into the territory of a Member State and of the introduction of his or her asylum application in that State, but who, in the course of the asylum procedure, attains the age of majority and is thereafter granted refugee status must still be regarded as a “minor” for the purposes of that provision.

 

Date of decision: 12-04-2018
Relevant International and European Legislation: Article 24,Article 22,Article 31,EN - Family Reunification Directive, Directive 2003/86/EC of 22 September 2003,Recital (2),Recital (4),Recital (6),Recital (8),Recital (9),Recital (10),Article 2,Article 3,Article 4,Article 5,Article 7,Article 9,Article 10,Article 11,Article 12,Recital (18),Recital (19),Recital (21),Article 2,Article 13
Portugal - Central Administrative Court South, Case No 12826/15
Country of applicant: Iraq

The concept of family life under Article 8 ECHR and under the Portuguese Constitution requires the existence of an effective connection between the individuals, which also presupposes the existence of a financial interdependency.

Date of decision: 10-03-2016
Relevant International and European Legislation: Article 7,Article 15,Article 33,EN - Family Reunification Directive, Directive 2003/86/EC of 22 September 2003,Article 2,Article 4,Article 9,Article 16,Article 8
CJEU - C-578/08, Rhimou Chakroun v Minister van Buitenlandse Zaken
Country of applicant: Morocco

The Family Reunification Directive does not make a distinction between whether a family relationship arose before or after the entry of the resident into the Member State. An application for family reunification may not be refused where the sponsor, the resident within EU territory, has proved that he has stable and regular resources which are sufficient to maintain himself and the members of his family, but who, given the level of his resources, will, nevertheless, be entitled to claim special assistance in order to meet exceptional, individually determined, essential living costs, tax refunds, or income-support measures.

Date of decision: 04-03-2010
Relevant International and European Legislation: 1951 Refugee Convention,Article 7,Recital (2),Recital (4),Recital (6),(a),(b),(c),(d),1.,Article 7,Article 9,Article 17,Article 20,Article 8