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Country of Applicant: United States
Keywords: Effective access to procedures, Family unity (right to), Procedural guarantees
The European Court of Human Rights finds Russian authorities violated an American national’s Article 8 right to respect for family life, as it had compelled her to leave Russia, where her husband and minor child were living.
Date: 12-06-2018
Country of Decision: United Kingdom
Country of Applicant: United Kingdom
Keywords: Best interest of the child, Dublin Transfer, Family unity (right to), Request that charge be taken, Vulnerable person
The UK Secretary of State for the Home Department’s (SSHD) refusal to accede to a take charge request of a stateless wife and her child in Greece wishing to reunite with their British husband/father in the UK is a breach of Article 7 Charter/8 ECHR (and Article 6(1) of the HRA 1998) on the basis that the SSHD’s decisions were disproportionate and not justified. Notwithstanding that the husband/father is a British citizen, the Dublin Regulation applies, notably Articles 9 and 17(2). In respect of Article 9 Dublin Regulation III, it can be relied upon even where an individual in receipt of...
Date: 19-04-2018
Country of Applicant: Eritrea
Keywords: Assessment of facts and circumstances, Best interest of the child, Family member, Family reunification, Family unity (right to), Unaccompanied minor
An asylum applicant who is below the age of 18 at the time of his or her entry into the territory of a Member State and of the introduction of his or her asylum application in that State, but who, in the course of the asylum procedure, attains the age of majority and is thereafter granted refugee status must still be regarded as a “minor” for the purposes of that provision.
Date: 12-04-2018
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: Denmark
Country of Applicant: Syria
Keywords: Discrimination, Family reunification, Family unity (right to), Temporary protection
The Supreme Court upheld the judgement of the Eastern High Court that it was not in contravention of the ECHR Article 8 that a Syrian man with temporary protection status in Denmark had to wait 3 years for family reunification with his spouse who was still in Syria. Further, the Supreme Court held that the decision was not in breach of the prohibition of discrimination under Article 14 ECHR.
Date: 06-11-2017
Country of Decision: Germany
Country of Applicant: Syria
Keywords: Best interest of the child, Dublin Transfer, Family reunification, Family unity (right to), Vulnerable person
Family unity and the best interests of the child are high priorities when applying the Dublin III Regulation. A child who has applied for international protection in Germany but has members of his family in Greece is entitled to family unity with them in Germany. The Dublin III Regulation specifies that this transfer should be carried out within six months of a Member State’s acceptance of the take charge or take back request. The time period to transfer starts from the Member State’s acceptance of the request. The right of the asylum seeker to be transferred within said time-limit...
Date: 15-09-2017
Country of Decision: United Kingdom
Country of Applicant: Eritrea
Keywords: Accelerated procedure, Dublin Transfer, Effective access to procedures, Family member, Family unity (right to), Unaccompanied minor, Vulnerable person
The imposition of a "one-off" expedited procedure in France for unaccompanied children wishing to reunite with their family in the UK fell within the framework of the Dublin Regulation. The failure by the UK Secretary of State to give full effect to the Dublin Regulation (most notably Article 17) and the Commission’s Implementing Regulation was unlawful and as a consequence the applicant was deprived of a series of procedural safeguards and protection.
In addition the applicant’s procedural rights have been violated by virtue of the procedural deficiencies and shortcomings...
Date: 05-06-2017
Country of Applicant: Kosovo
Keywords: Cessation of protection, Family unity (right to), Serious non-political crime, Subsidiary Protection
Every country has the right to control the entry and residence of aliens in its territory. Withdrawal of subsidiary protection from individuals convicted of serious crimes and subsequent expulsion does not violate their right to family life under Article 8, when there are alternative means of communication, non-severed cultural ties with the motherland and a reasonable prospect of return after the entry ban expiry.
Date: 25-04-2017
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: Luxembourg
Country of Applicant: Ukraine
Keywords: Dublin Transfer, Family unity (right to), Request that charge be taken, Visa
Article 10 of Dublin III is inapplicable; Articles 9, 10 and 11 of the regulation provide for three different procedural situations, the applicant’s claim could lead to a separation of the family.
Date: 28-03-2017
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