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Finland - Supreme Administrative Court, 14 Nov 2010, KHO:2010:2681
Country of applicant: Somalia
Keywords: Unaccompanied minor

The applicant informed the authorities in Finland that he was a minor; however, he was registered as an adult in Malta. It was decided that the applicant must clarify and correct the information given to the authorities in Malta with respect to his age. Malta was deemed responsible for examining the applicant’s asylum claim under the Dublin II regulation even though he would have been considered a minor when applying for asylum in Finland.

Date of decision: 14-11-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 4,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 5,Article 6,Article 9
Austria - Asylum Court (AsylGH), 27 July 2010, S8 413923-1/2010
Country of applicant: Afghanistan
Keywords: Accelerated procedure, Best interest of the child, Burden of proof, First country of asylum, Non-refoulement, Right to remain pending a decision (Suspensive effect), Unaccompanied minor, Child Specific Considerations, Responsibility for examining application, Request to take back, Return

In a decision on whether the return of an unaccompanied minor to Hungary under the Dublin Regulation is unlawful in light of Art. 3 ECHR and therefore the sovereignty clause should be used, Art. 24(2) of the Charter of Fundamental Rights of the European Union(CFRU – best interest of the child as a primary consideration for authorities) is significant.

Date of decision: 27-07-2010
Relevant International and European Legislation: Art 17,Art 24.2,2.,Article 5,Article 6,Article 7,Article 8,Article 9,Article 10,Article 11,Article 12,Article 13,Article 14,Article 15,1. (c),Article 19,Article 20,Article 3,Article 8,Article 13