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05/07/2022
LT: The Supreme Administrative Court ruled that the assessment of an individual situation of a child must be made in addition to the general assessment of the situation in the country of origin, considering that the same circumstances might have a different effect on a child than the effect of the same circumstances on an adult.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Order
Original Documents
Relevant Legislative Provisions
Return Directive (Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals); Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Reference
Lithuania, Supreme Administrative Court of Lithuania [Lietuvos vyriausiasis administracinis teismas], H.A.T.T, S.K.K.K, V.A.H.A., and W.A.H.A v Migration Department of the Ministry of Interior of the Republic of Lithuania, eA-3085-881/2022, 05 July 2022. 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=2786
Case history
Other information
Abstract

A family with two minor children requested international protection in Lithuania. The Migration Department rejected their request and they appealed against this decision. The Migration Department argued that the claims raised by the applicants, which concerned also the state of health of the children did not support a recognition of international protection.


The Supreme Administrative Court held that there must be an individual assessment of the situation of children when the family as a whole applies for asylum. The court noted that although the Migration Department provided detailed information on the country of origin, still an individual assessment must be made and the country of origin information is just the general background and context for an individual assessment. Both individual circumstances and the contextual information support a conclusion on the qualification for international protection. In addition, the court noted that when one of the applicants is a child, this is a factor to be assessed, considering that in the case of a child the cumulative effects of various circumstances on the child may significantly differ from the effects of the same circumstances on an adult.


Country of Decision
Lithuania
Court Name
LT: Supreme Administrative Court of Lithuania [Lietuvos vyriausiasis administracinis teismas]
Case Number
eA-3085-881/2022
Date of Decision
05/07/2022
Country of Origin
Keywords
Assessment of Application
Minor / Best interests of the child
Vulnerable Group