EDAL case summaries
Country of Decision: Slovenia
Country of Applicant: Kosovo, Serbia
Keywords: Family member, Family reunification, Family unity (right to)
Regarding the protection of the right to family life in asylum procedures, same-sex partnerships are in a comparable situation with heterosexual relationships. A distinction between the applicants for international protection based on sexual orientation is not in compliance with the Constitution. Article 16b(1) of IPA, which does not consider persons of a same-sex living in established partnership as family members, is inconsistent with the right to non-discriminatory treatment in the exercise of the right to family life.
Date: 16-06-2016
Country of Decision: Slovenia
Country of Applicant: Somalia
Keywords: Best interest of the child, Dependant (Dependent person), Family member, Family reunification, Family unity (right to), Sponsor
The State is obliged to adopt legislation which allows the refugee to actually exercise the right to respect for family life in its territory. Under Article 53(3) of the Constitution of the Republic of Slovenia the scope of family life firstly includes the nuclear family and secondly, where specific factual circumstances dictate, members of the family who are not nuclear but who are similar or perform the same function.
The legislator limited the right to family reunification by enacting an exhaustive definition of eligible family members for reunification, excluding any other form...
Date: 14-01-2015
Country of Decision: Slovenia
Country of Applicant: Somalia
Keywords: Best interest of the child, Family member, Family reunification
The International Protection Act's (ZMZ) definition of family members is not inconsistent with the Constitution of the Republic of Slovenia nor with Article 8 of the European Convention on Human Rights (ECHR).
The ZMZ does not give the body that decides on international protection the discretion to broaden the circle of family members in special circumstances, nor are such obligations or discretions given by EU legislation or the ECHR.
Date: 10-07-2013
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