EDAL case summaries
Keywords: Dependant (Dependent person), Family member, Family reunification, Family unity (right to), Refugee Status, Sponsor
Article 10(2) of Directive 2003/86 allows Member States to define autonomously the nature of the relationship of dependence between the sponsor and the family member not referred in art. 4, as long as the national law have regard of all the relevant circumstances of the refugee’s situation through a case-by-case approach.
Date: 12-12-2019
Country of Decision: United Kingdom
Country of Applicant: Kuwait
Keywords: Best interest of the child, Child Specific Considerations, Dependant (Dependent person), Effective access to procedures, Family member, Family reunification, Family unity (right to), Refugee Status, Relevant Facts, Responsibility for examining application
Judicial review to challenge the failure/refusal of the Secretary of State for the Home Department (“SoS”) to determine the application of the applicant’s spouse and two youngest children for family reunification in the UK on the following grounds: a failure to apply the SoS published policy; irrationality; breach of all the family members’ rights under Art. 8 ECHR; and (regarding the two children in the UK), breach of the duties owed under s.55 of the Borders, Citizenship and Immigration Act 2009 (“the 2009 Act”).
The Upper Tribunal found that:
1) the Home Office family...
Date: 25-04-2017
Country of Decision: United Kingdom
Country of Applicant: Congo (DRC), Lebanon, United Kingdom
Keywords: Assessment of facts and circumstances, Best interest of the child, Dependant (Dependent person), Family member, Family reunification, Family unity (right to), Persecution (acts of), Personal circumstances of applicant, Refugee Status, Relevant Documentation, Sponsor, Well-founded fear
The Immigration Rules (“the Rules”) minimum income requirements (“the MIR”) for individuals who have a right to live in the UK who wish to bring their non-EEA citizen spouses to live with them are not open to legal challenge.
The Rules fail unlawfully to give effect to the duty of the Secretary of State (“the SoS”) in respect of the welfare of children under s.55 of the Borders, Citizenship and Immigration Act 2009 (“the 2009 Act”), however the challenge to the validity of the Rules was dismissed.
To ensure that their decisions are compatible with the Human Rights Act...
Date: 22-02-2017
Country of Applicant: Somalia
Keywords: Detention, Dublin Transfer, Effective access to procedures, Effective remedy (right to), Family reunification, Inhuman or degrading treatment or punishment, Material reception conditions, Personal interview, Refugee Status, Return
The Court examined the complaints of a Somali national concerning her detention conditions in Malta (Article 3), which deteriorated her mental health and resulted in inhuman and degrading treatment. She further alleged that her detention was in breach of Article 5 § 1, 2 and 4 (Right to liberty and security).
Date: 09-12-2013
Country of Decision: Germany
Country of Applicant: Iraq
Keywords: Access to the labour market, Family reunification, Family unity (right to), Refugee Status, Unaccompanied minor, Visa
In principle both parents may claim the right to join an unaccompanied minor refugee.
This right to join a child will only apply up until the point that the latter comes of age.
Parents may present a claim for a visa by means of an application for temporary legal protection before the child comes of age.
Date: 18-04-2013
Country of Decision: Ireland
Country of Applicant: Somalia
Keywords: Dependant (Dependent person), Family member, Family reunification, Refugee Status
A beneficiary of refugee status sought family reunification unsuccessfully for her niece and nephew who she referred to as her own children; who had been orphaned; and whom she was not capable of formally adopting owing to the absence of available procedures in Somalia or where they were living in Ethiopia. The children had attained the age of majority after the Application had been made, but prior to a decision. The Minister refused family reunification on the basis that they were not dependent.
The Applicant was successful in her Judicial Review as the Court found that the...
Date: 22-01-2013
Country of Decision: Poland
Country of Applicant: Russia
Keywords: Dublin Transfer, Family member, Family reunification, Family unity (right to), Inadmissible application, Refugee Status, Request that charge be taken, Subsequent application
During the refugee status proceedings, the administrative authorities should clarify on what grounds a foreign husband has received protection in another country. These circumstances should be assessed consistently in two countries.
There are no objective reasons why the respective positions of two individuals should be viewed differently merely because they have applied for refugee status in two different democratic countries that respect human rights.
Date: 01-09-2011
Country of Applicant: Ethiopia
Keywords: Best interest of the child, Dependant (Dependent person), Family member, Family reunification, Family unity (right to), Refugee Status
The European Court of Human Rights found that the authorities in the Netherlands had violated the right to family life of five Ethiopian nationals by not allowing them to be reunited in the Netherlands.
Date: 01-03-2006
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- Family member 6
- Family unity (right to) 6
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- Best interest of the child 3
- Dublin Transfer 2
- Effective access to procedures 2
- Sponsor 2
- Access to the labour market 1
- Assessment of facts and circumstances 1
- Child Specific Considerations 1
- Detention 1
- Effective remedy (right to) 1
- Inadmissible application 1
- Inhuman or degrading treatment or punishment 1
- Material reception conditions 1
- Persecution (acts of) 1
- Personal circumstances of applicant 1
- Personal interview 1
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