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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
Belgium - Council for Alien Law Litigation, 30 May 2013, No. 103856
Country of applicant: Iraq

The Council for Alien Law Litigation confirmed that those who enjoy subsidiary protection are equivalent to recognised refugees, for the purposes of family reunification. This means that they are exempted from additional conditions in relation to housing, health insurance, and means of subsistence provided that the application for family reunification is submitted within one year and the family ties existed before the arrival in Belgium of the reuniting person (who enjoys subsidiary protection). This is despite the fact that those who enjoy subsidiary protection do not fall within the scope of application of the Family Reunification Directive.

Date of decision: 30-05-2013
Relevant International and European Legislation: Art 24.2,Article 3,Article 7,1.