EDAL case summaries

It is necessary to make a proportionality assessment with consideration of both the gravity of the crime committed by the applicant and the interests of society, and the applicant’s individual rights, particularly his right to private and family life under Article 8.

The Federal Administrative Court failed to fully assess the impact that the measure of removal would have on the applicant. The evolution of the applicant's conduct since the occurrence of the crime, the applicant’s deteriorating medical condition, and his social, cultural and...

The Algerian Kafala system does not create a parent/child relationship within the meaning of direct descendant under Directive 2004/38 but it does fall under the notion of other family members of Article 3(2)(a) of the same Directive. The State must therefore make a balanced and reasonable assessment which considering the age of the child, the closeness of the relationship whether the family have lived together; potential risk of exploitation/trafficking and the best interests of the child....

Article 11(2) of Directive 2003/86 must be interpreted as precluding the rejection of an application for family reunification lodged by a sponsor in favour of a minor of whom she is allegedly the guardian solely on the grounds of lack of official documentary evidence of the family relationship and the sponsor’s inability to explain the absence of such evidence being deemed implausible on the basis of general country of origin information.

Authorities have to take into consideration the specific circumstances of the sponsor and the minor,...

The Spanish authorities failed to properly consider all the relevant criteria, before initiating proceedings to expel two Moroccan nationals, who were awaiting their long-term residence permits, due to their criminal convictions. The proportionality of the measure was not adequately assessed and the applicants’ social and cultural ties with both Spain and Morocco were not taken into account.