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Home ›Netherlands, Council of State, 27 May 2020, no. 201906353/1/V3. ECLI:NL:RVS:2020:1281
European Union Law > EN - Charter of Fundamental Rights of the European Union > Article 24
European Union Law > EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation) > Recital (13)
European Union Law > EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation) > Recital (16)
European Union Law > EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation) > Article 2
European Union Law > EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation) > Article 6
European Union Law > EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation) > Article 8


The Dutch Council of State does not consider ‘the best interest of the child’-criteriοn automatically fulfilled, in the context of a Dublin transfer, when an unaccompanied minor can be transferred to an adult family member in another MS. In turn, it considers that the authorities have to substantially and individually investigate whether the best interest of the child is respected when transferring.
The applicant submitted an asylum application on 26 April 2018 in the Netherlands, at the age of 15. She is an unaccompanied minor (Article 2(j) Dublin III).
The applicant argued that her personal statement regarding the intended reunification with her brother had not sufficiently been taken into account, including the fact that she has no connection to her brother. She lives with her niece and considers her as her sister. Therefore, her development would be interrupted if she would be deported from the Netherlands.
Appeal granted.
Council of State, Judgments of 21 February 2019, ECLI: NL: RVS: 2019: 565, and 18 January 2012, ECLI: NL: RVS: 2012: BV1586