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20/09/2021
LU: The Administrative Tribunal rejected as inadmissible the appeal lodged by a minor against a negative decision as he did not lodge the appeal through his representative.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Luxembourg, Administrative Tribunal [Tribunal administratif], Applicant v Ministry of Immigration and Asylum (Ministere de l'Immigration et de l'Asile), No 45432, 20 September 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2031
Case history
Other information
Abstract

The applicant, a minor Afghan national of Hazara ethnicity, requested international protection on 12 June 2019. On 24 November 2020, the Ministry of Immigration and Asylum decided to refuse his request stating that the applicant invoked in general the lack of security in Afghanistan and an explosion which took place in his school after which he decided to leave his country of origin. The applicant appealed the decision before the Administrative Tribunal.


The court dismissed the appeal as inadmissible arguing that the applicant did not lodge the appeal through his legal representative, as required by law for minors, but made the request himself. The court noted that the appeal was lodged by the minor applicant on 24 December 2020 while his ad hoc representative made a request to replace the minor's representative on 14 December 2020 and legally became his representative on 4 January 2021. 


Country of Decision
Luxembourg
Court Name
LU: Administrative Tribunal [Tribunal administratif]
Case Number
No 45432
Date of Decision
20/09/2021
Country of Origin
Afghanistan
Keywords
Minor / Best interests of the child
Second instance determination / Appeal
Unaccompanied minors
Vulnerable Group