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Country of Decision: Sweden
Country of Applicant: Brazil
Keywords: Effective remedy (right to), Personal interview
In appealing against the Migration Agency’s and the Migration Court’s rejections of the Applicant’s application for leave to remain in Sweden, the Applicant claimed grounds for protection which he/she had not previously raised before the Migration Agency. Claiming grounds for protection meant that special requirements for asylum applications applied and the Applicant was entitled to a personal interview before the Migration Agency. The Migration Court of Appeal referred the Applicant’s case back to the Migration Agency as the Migration Court could not be the body to try the asylum...
Date: 07-12-2015
Country of Decision: Ireland
Country of Applicant: Brazil
Keywords: Best interest of the child, Child Specific Considerations, Family member, Family unity (right to)
Non-Citizen children of the State have rights protected by the Constitution when in the State, including rights under Article 41, 42 and 40.3. However, the right to reside in the State is a protection under Article 40.3 which is reserved for Irish citizen children. It is the citizenship of the child that confers this right to live in the State under Article 40.3.
The best interests of the child are considerations that must be assessed when deciding upon a deportation order for a child. However, as the Convention on the Rights of Child has been ratified by Ireland but has not been...
Date: 30-07-2015
Country of Applicant: Brazil
Keywords: Effective access to procedures, Effective remedy (right to), Return
The case concerns the removal of a Brazilian national residing in French Guiana (a French overseas département-région) and his inability to challenge the measure before its enforcement.
Date: 13-12-2012
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