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06/06/2013
The CJEU ruled that the responsible Member State in a Dublin procedure is the one where a sibling or family member is legally present.
06/06/2013
The CJEU ruled that the responsible Member State in a Dublin procedure is the one where a sibling or family member is legally present.

ECLI
ECLI:EU:C:2013:367
Input Provided By
EUAA Courts and Tribunals Network
Type
Judgment
Original Documents
Relevant Legislative Provisions
Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP)
Reference
European Union, Court of Justice of the European Union [CJEU], MA, BT, DA v Secretary of State for the Home Department, C-648/11, ECLI:EU:C:2013:367, 06 June 2013. 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=712
Case history
Other information
Abstract

According to EASO Compilation of jurisprudence: Asylum procedures and the principle of non-refoulement, this case is: 


Judgment after a reference for a preliminary ruling from the Court of Appeal (England and Wales) (civil division) (United Kingdom) relating to unaccompanied minors.


Main paras.:
46. The first of the criteria established in Chapter III of Regulation No 343/2003 is that laid down in Article 6, which serves to determine the Member State responsible for examining an application lodged by an unaccompanied minor within the meaning of Article 2(h) of that regulation.
47. As provided in the first paragraph of Article 6, the Member State responsible for examining an application lodged by an unaccompanied minor is to be that where a member of his family is legally present, provided that this is in the best interest of the minor.
48. In the present case it is apparent from the order for reference that no member of the families of the appellants in the main proceedings is legally present in a Member State, and the Member State responsible must therefore be designated on the basis of the second paragraph of Article 6 of Regulation No 343/2003, which provides that responsibility is to lie with the Member State “where the minor has lodged his or her application for asylum
Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
C-648/11
Date of Decision
06/06/2013
Country of Origin
Keywords
Dublin procedure
Non-refoulement
Unaccompanied minors
Vulnerable Group
Source
CURIA