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12/04/2018
The CJEU ruled on the attainment of the status of 'minor' if granted refugee status

ECLI
ECLI:EU:C:2018:248
Input Provided By
EUAA IDS
Source
CURIA
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Relevant Legislative Provisions
Family Reunification Directive (Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification); Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE; 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
European Union, Court of Justice of the European Union [CJEU], A. and S. v Secretary of State for Security and Justice (Staatssecretaris van Veiligheid en Justitie), Case C‑550/16, ECLI:EU:C:2018:248, 12 April 2018. 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=70
Case history
Related cases:
Abstract

Two Eritrean nationals got a refusal from the Netherlands State Secretary for Security and Justice to grant them and their 3 minor sons a temporary residence permit, for the purposes of family reunification with their elder daughter. The Court found that it is not for each Member State to determine which moment it wishes to choose to assess whether the condition in question is satisfied, given that the duration of an asylum procedure may be significant. A third-country national or stateless person who is under 18 at the time of his/her entry and of the introduction of his/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 be regarded as a ‘minor’.

Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
Case C‑550/16
Date of Decision
12/04/2018
Country of Origin
Eritrea
Keywords
Family Reunification
Vulnerable Group