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EDAL case summaries

Austria - Constitutional Court (VfGH), 29 June 2013, U1446-1448/2012

Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: Access to the labour market, Best interest of the child, Child Specific Considerations, Dependant (Dependent person), Dublin Transfer, Family member, Family unity (right to), Reception conditions, Request to take back, Responsibility for examining application, Unaccompanied minor

Even if an unaccompanied minor refugee has entered the country together with a brother (sister) of full age, Art 6 Dublin II Regulation is applicable to the former and within the meaning of the judgment of the CJEU of 06.06.2013, case C-648/11, the relevant country of the asylum application is responsible. With regard to the accompanying brother (sister) of full age, use should be made of the right to assume the examination owing to the family connection in order to avoid a violation of Art 8 ECHR.
Date: 29-06-2013

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