EDAL case summaries
Country of Applicant: Albania, Armenia, Guinea, Kenya, Nigeria, Russia, Uganda
Keywords: Best interest of the child, Dependant (Dependent person), Duty of applicant, Family member, Individual assessment, Return
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.
Date: 08-05-2018
Country of Applicant: Nigeria
Keywords: Best interest of the child, Family unity (right to)
The applicant claimed that Germany violated his right of family life under Article 8 of the Convention by refusing to grant him a residence permit.
Date: 01-03-2018
Country of Decision: Ireland
Country of Applicant: Nigeria
Keywords: Assessment of facts and circumstances, Best interest of the child, Credibility assessment, Membership of a particular social group, Obligation to give reasons, Political Opinion, Relevant Documentation
The case dealt primarily with the standard of reasoning required in credibility assessment among other issues (travel findings and best interests of the child). In quashing the RAT decision, the High Court ruled that the RAT had not met the standard of reasoning required in assessment of the credibility of oral testimony (as established in the jurisprudence of the Court and EU law), reiterating the obligation upon the decision maker to ensure that each negative credibility finding is accompanied by an adequate rationale clearly outlining the reasons for such findings.
Date: 17-12-2015
Country of Decision: Austria
Country of Applicant: Nigeria
Keywords: Best interest of the child, Family unity (right to)
The expulsion of an asylum seeker after asylum proceedings lasting approximately eight years without any culpable delay by the Applicant, during which he established a family and also integrated well in other respects, infringes his right to a private and family life.
Date: 18-06-2012
Country of Decision: Sweden
Country of Applicant: Nigeria
Keywords: Best interest of the child, Humanitarian considerations
The case concerned a single mother with no education or social network in Nigeria who, together with her daughter, was granted a residence permit because of "particularly distressing circumstances". The applicant was granted permanent residence as she was expected to have difficulty providing for herself and her daughter on return, and thereby risked being forced into prostitution.
Date: 22-02-2011
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- Family unity (right to) 2
- Assessment of facts and circumstances 1
- Credibility assessment 1
- Dependant (Dependent person) 1
- Duty of applicant 1
- Family member 1
- Humanitarian considerations 1
- Individual assessment 1
- Membership of a particular social group 1
- Obligation to give reasons 1
- Political Opinion 1
- Relevant Documentation 1
- Return 1
