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Requests for family reunification must be examined even if the third-country national, who is a family member of an EU citizen who has never exercised his right of freedom of movement, is subject to an entry ban. Whether there is a relationship of dependency between the third-country national and the EU citizen and whether public policy grounds justify the entry ban must be assessed on a case-by-case basis.
Lack of prompt investigation of ill-treatment complaints may amount to a procedural violation of Article 3 ECHR. Detention conditions should follow certain standards and individuals should be kept in suitable establishments with enough allocated space.
If an applicant has serious criticism of a language test conducted to determine their country of origin, the Migration Board must investigate the grounds before making a decision, or at least respond to the applicant's criticism so that the submission can be completed.
If the Migration Court considers a language test report to be unreliable or inadequate, it can decide to request a new language analysis or return the case to the Migration Board for further investigation, but cannot choose to ignore the analysis entirely.
The Kenyan applicant was a potential victim of female genital mutilation (FGM) and she faced forced marriage upon return. The Court stated that even if there was a risk of persecution in case of a return to the country of origin, the applicant could reasonably be expected to relocate internally as it was feasible in the circumstances.
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- Best interest of the child 1
- Credibility assessment 1
- Dependant (Dependent person) 1
- Detention 1
- Duty of applicant 1
- Family member 1
- Female genital mutilation 1
- Gender Based Persecution 1
- Indiscriminate violence 1
- Individual assessment 1
- Inhuman or degrading treatment or punishment 1
- Internal armed conflict 1
- Internal protection 1
- Membership of a particular social group 1
- Persecution Grounds/Reasons 1
- Return 1
- Serious harm 1
- Subsidiary Protection 1