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UK - R (on the application of SG) v Secretary of State for the Home Department, also known as R (on the application of K) v Secretary of State for the Home Department, 22 June 2017
Country of applicant: Burundi
Keywords: Best interest of the child, Delay, Reception conditions, Material reception conditions

The reduction in the financial allowance available to child dependants of asylum seekers was not contrary to the requirement that the best interests of the child be a primary consideration in all actions concerning children.

Date of decision: 22-06-2017
Relevant International and European Legislation: European Union Law,International Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 1,Article 18,Article 21,Article 24,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Recital (5),Recital (7),Article 1,Article 13,Article 17,Article 18,Article 24,2.,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Recital (9),Recital (11),Recital (24),Recital (35),Article 1,Article 17,Article 21,Article 22,Article 23,Article 29,UN Convention on the Rights of the Child
CJEU - C‑79/13, Federaal agentschap voor de opvang van asielzoekers v Selver Saciri and Others
Keywords: Best interest of the child, Family unity (right to), Reception conditions, Material reception conditions

The case concerns a family of asylum seekers who needed accommodation in Belgium while their asylum application was being considered. The CJEU declares that if a Member State chooses to provide material reception to asylum seekers in the form of a financial allowance rather than direct public services, the allowance must be enough to ensure a dignified standard of living. In addition, the allowance must be provided from the time at which the asylum application is made and should ensure that it is sufficient to enable minor children to be housed with their parents in order to maintain the family unity of the asylum seekers.

Date of decision: 27-02-2014
Relevant International and European Legislation: EN - Charter of Fundamental Rights of the European Union,Article 1,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Recital (7),Article 5,Article 13,Article 14,Article 17,Article 18