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CJEU (Grand Chamber) - LW v Bundesrepublik Deutschland, Case C-91/20, 09/11/2021
Country of applicant: Tunisia
Keywords: Best interest of the child, Refugee Status, Child Specific Considerations, Family member

The Court of Justice held that Directive 2011/95 does not preclude a Member State from granting refugee status to a minor through one of his parents, even though there is no risk of persecution in case of removal to his country of nationality (Tunisia).

Date of decision: 09-11-2021
Relevant International and European Legislation: Art 23.2,Art 24.1,Art 24.2,Art 24.3,Art 23.1,Recital (4),Recital (12),Recital (14),Recital (16),Recital (18),Recital (19),Recital (36),Recital (38),Article 2,Article 3,Article 4,Article 12,Article 23,EN - Treaty on the Functioning of the European Union 2010/C 83/01 - Art 288,Treaty on the Functioning of the European Union 2010/C 83/01 - Art 10,Article 267 § 2,Article 267 § 1 (b),Article 78
CJEU - Bundesrepublik Deutschland v SE, Case C-768/19, 09/09/2021
Country of applicant: Afghanistan
Keywords: Best interest of the child, Revocation of protection status, Subsidiary Protection, Family member

The Court decides that the relevant point in time to assess the ‘minor’ status of a beneficiary of international protection under the Qualification Directive is the date on which the applicant makes an (informal) application for international protection.

The Court decides that the notion of ‘family member’ under the Qualification Directive does not require an actual resumption of family life between the parent who benefited international protection and the child. Furthermore, the rights of a family member to claim the benefits under the Qualification Directive persist after the beneficiary of subsidiary protection reaches the age of majority, for the duration of the period of validity of the residence permit granted to them.

Date of decision: 09-09-2021
Relevant International and European Legislation: Article 7,Art 24.1,Art 24.2,Art 24.3,Recital (6),Recital (12),Recital (16),Recital (18),Recital (19),Recital (38),Article 2,Article 3,Article 20,Article 23,Article 24,EN - Treaty on the Functioning of the European Union 2010/C 83/01 - Art 288,Treaty on the Functioning of the European Union 2010/C 83/01 - Art 10,Article 267 § 2,Article 267 § 1 (b),Article 78
CJEU - Case C-550/16 A and S, 12 April 2018
Country of applicant: Eritrea
Keywords: Assessment of facts and circumstances, Best interest of the child, Unaccompanied minor, Family unity (right to), Family member, Family reunification

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
Slovenia - Constitutional Court of the Republic of Slovenia,14 January 2015, Judgment U-I-309/13, Up-981/13,
Country of applicant: Somalia
Keywords: Best interest of the child, Family unity (right to), Dependant (Dependent person), Family member, Family reunification, Sponsor

The State is obliged to adopt legislation which allows the refugee to actually exercise the right to respect for family life in its territory. Under Article 53(3) of the Constitution of the Republic of Slovenia the scope of family life firstly includes the nuclear family and secondly, where specific factual circumstances dictate, members of the family who are not nuclear but who are similar or perform the same function.

The legislator limited the right to family reunification by enacting an exhaustive definition of eligible family members for reunification, excluding any other form of family unity.  According to the Constitutional Court, the legislator disproportionately restricted the right of refugees to respect for family life and violated the right of the appellant under the Article 53(3) of the Constitution.

Date of decision: 14-01-2015
Relevant International and European Legislation: European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 7,Article 52,Article 53,EN - Family Reunification Directive, Directive 2003/86/EC of 22 September 2003,Recital (2),Recital (4),Recital (8),Recital (9),Recital (10),Article 4,1.,2.,3.,Article 5,Article 10,1.,2.,3.,Article 16,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Recital (19),Article 23,UN Convention on the Rights of the Child