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Federal Administrative Tribunal (Court V), A. v. SEM, 28th October 2020, E-3822/2019
Country of applicant: Eritrea

The State Secretariat of Migration (SSM) is obliged to assess the proportionality of a cessation measure in a case of a granted temporary residence in Switzerland. It was concluded that the cessation of temporary residence is not proportionate, when the applicant showed considerable efforts to integrate in the host community such as learning languages and practicing several internships to obtain a job in that country. His return would hamper all those integration efforts.

Date of decision: 28-10-2020
Relevant International and European Legislation: Article 3,Article 4,Art 8.1,Art 8.2,UN Convention on the Rights of the Child
CJEU - C-356/11 and C-357/11, O, S v Maahanmuuttovirasto, and Maahanmuuttovirasto v L
Country of applicant: Algeria, Ghana

The right to family reunification involving Union citizens who are minor children living with their mothers, who are third country nationals, in the territory of the Member State of which the children are nationals and changes in the composition of the families following the mothers’ remarriage to third country nationals and the birth of children of those marriages who are also third country nationals. The case involves the right to respect for family life and how to take into consideration the children’s best interests.

Date of decision: 06-12-2012
Relevant International and European Legislation: Article 7,Art 24.2,Art 24.3,Recital (2),Article 1,Article 3,1.,Article 5,Article 7,Art 8.1
Sweden - Migration Court of Appeal, 6 September 2010, UM 8098-09
Country of applicant: Turkey

The right to family life can outweigh the ‘state responsibility’ criteria in the Dublin II Regulation. The Court held that the application for asylum should be processed in Sweden, in order to secure the right to family and private life (Art 8 of the European Convention on Human Rights), despite the fact that another State was responsible under the Dublin II Regulation.

Date of decision: 06-09-2010
Relevant International and European Legislation: EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 3,2.,Article 15,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8,Art 8.1,Art 8.2