EDAL case summaries
A Member State is responsible for the asylum application of an unaccompanied minor if the minor does not have a family member in said Member State and the minor's application has been finally rejected in another Member State, provided that the unaccompanied minor resides in the relevant Member State.
The responsibility for examining an application does not cease to apply upon the mere acceptance of a request to take charge by another Member State.
This case examined the compatibility of the Dublin II Regulation with the European Convention on Human Rights regarding transfers to Italy under the Dublin II Regulation.
The Court found a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights if the Swiss authorities were to send an Afghan couple and their six children back to Italy under the Dublin Regulation without having first obtained individual guarantees from the Italian authorities that the applicants would be taken charge of in...
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- Best interest of the child 2
- Vulnerable person 2
- Child Specific Considerations 1
- Dublin Transfer 1
- Family member 1
- Family unity (right to) 1
- Individual assessment 1
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- Material reception conditions 1
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- Afghanistan 1
- Iraq 1
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- Germany 1