EDAL case summaries
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: Afghanistan
Keywords: Dependant (Dependent person), Dublin Transfer, Family reunification, Responsibility for examining application
The absence of an individual right of the applicant to challenge the determination of the State responsible to examine their asylum claim on Dublin II grounds does not prohibit the autonomous application of ECHR Article 8 to decisions to remove persons from one Member State to another. However, taking into account the significance of the Regulation and the need to preserve its effectiveness, an especially compelling case would have to be demonstrated to deny removal following a Dublin II decision. When the Secretary of State has certified such human rights claims as clearly...
Date: 22-03-2016
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
Country of Applicant: Unknown
Keywords: Dependant (Dependent person), Dublin Transfer, Family member, Humanitarian considerations, Responsibility for examining application
This case concerns the interpretation and application of Article 15 of the Dublin Regulation, commonly known as the humanitarian clause, in a specific set of circumstances where the asylum seeker concerned has a daughter in law who is seriously ill, and on account of cultural factors, at risk or has grandchildren below the age of majority, who, as a result of the daughter-in-law’s illness are in need of care and the asylum seeker concerned is both willing and able to support them. The CJEU held in circumstances such as those Article 15(2) must be interpreted so as to make that Member...
Date: 06-11-2012
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- Dublin Transfer 3
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- Child Specific Considerations 2
- Family reunification 2
- Family unity (right to) 2
- Access to the labour market 1
- Effective access to procedures 1
- Humanitarian considerations 1
- Reception conditions 1
- Refugee Status 1
- Relevant Facts 1
- Request to take back 1
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- Afghanistan 2
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