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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: Austria
Country of Applicant: Afghanistan
Keywords: Child Specific Considerations, Credibility assessment, Dependant (Dependent person), Dublin Transfer, Family member, Individual assessment, Inhuman or degrading treatment or punishment, Personal circumstances of applicant, Responsibility for examining application, Return, Standard of proof, Vulnerable person
The Austrian asylum authorities have to consider every possible breach of Art. 3 ECHR (or Art. 4 CFREU respectively) when examining a Dublin transfer. A possible breach can be linked to personal circumstances of the asylum seeker and does not necessarily have to be caused by a systemic failure of the asylum system in the receiving country. A Dublin transfer is forbidden if there is a real risk of a breach of Art. 3 ECHR.
A single mother and her five minor children must be considered as particularly vulnerable and cannot be transferred from...
Date: 08-09-2015
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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- Child Specific Considerations 3
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