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Age, gender and diversity

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UNHCR Position on Returns to South Sudan - Update II

April 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country/Situation Specific Position Papers

BF (Tirana – gay men) Albania [2019] UKUT 0093 (IAC)

Whether there is a sufficiency of protection from harm by the state for the appellant in his home area in Albania and if not whether there is protection available for him in Tirana or elsewhere. If it is, whether it is reasonably open to the appellant to relocate to Tirana (or elsewhere) in the light of his sexual orientation as a gay man.

26 March 2019 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Country of origin information (COI) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

SM v Entry Clearance Officer, UK Visa Section (C-129/18) (request for preliminary ruling)

The concept of a ‘direct descendant’ of a citizen of the Union referred to in Article 2(2)(c) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC must be interpreted as not including a child who has been placed in the permanent legal guardianship of a citizen of the Union under the Algerian kafala system, because that placement does not create any parent-child relationship between them. However, it is for the competent national authorities to facilitate the entry and residence of such a child as one of the other family members of a citizen of the Union pursuant to Article 3(2)(a) of that directive, read in the light of Article 7 and Article 24(2) of the Charter of Fundamental Rights of the European Union, by carrying out a balanced and reasonable assessment of all the current and relevant circumstances of the case which takes account of the various interests in play and, in particular, of the best interests of the child concerned. In the event that it is established, following that assessment, that the child and its guardian, who is a citizen of the Union, are called to lead a genuine family life and that that child is dependent on its guardian, the requirements relating to the fundamental right to respect for family life, combined with the obligation to take account of the best interests of the child, demand, in principle, that that child be granted a right of entry and residence in order to enable it to live with its guardian in his or her host Member State.

26 March 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Adoption - Family reunification | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland

Décision n° 2018-768 QPC du 21 mars 2019

Full text of the decision available at https://www.conseil-constitutionnel.fr/decision/2019/2018768QPC.htm

21 March 2019 | Judicial Body: France: Conseil constitutionnel | Document type: Case Law | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Unaccompanied / Separated children | Countries: France

Brief of the United Nations High Commissioner for Refugees before the United States Court of Appeals for the First Circuit in the case O.L.B.D., petitioner, v. William P. Barr, Attorney General, respondent

11 March 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

Background Note on Gender Equality, Nationality Laws and Statelessness 2019

8 March 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

Khan c. France (application no. 12267/16)

violation of article 3 (prohibition of inhuman and degrading treatment).

28 February 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Freedom from torture, inhuman and degrading treatment - Refugee camps - Unaccompanied / Separated children | Countries: Afghanistan - France - United Kingdom of Great Britain and Northern Ireland

H.A. et autres c. Grece (application no. 19951/16)

The case concerns the arrest of the applicants, nine unaccompanied minors, and their placement in different police stations in northern Greece and in the Diavata centre. The Court found violations of articles 3 on the prohibition of inhuman or degrading treatment (no violation on living conditions), violation of article 13 on the right to an effective remedy and a violation of article 5 (1) and (4) on the right to liberty and security, right to a speedy decision on the lawfulness of a detention measure.

28 February 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to liberty and security - Unaccompanied / Separated children | Countries: Greece - Iraq - Morocco - Syrian Arab Republic

OPINION OF ADVOCATE GENERAL CAMPOS SÁNCHEZ-BORDONA delivered on 26 February 2019(1) Case C‑129/18 SM v Entry Clearance Officer, UK Visa Section

I suggest that the Court of Justice should reply to the Supreme Court of the United Kingdom in the following terms: (1) Article 2(2)(c) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC is to be interpreted as meaning that a child cannot be classed as a ‘direct descendant’ of a Union citizen where the child is only in the legal guardianship of that Union citizen under the institution of recueil legal (kafala) that applies in the Republic of Algeria. That child may, however, fall within the category of ‘other family members’ if the other requirements are satisfied and following completion of the procedure laid down in Article 3(2) of Directive 2004/38, in which case the host Member State must facilitate his or her entry and residence in that Member State in accordance with national legislation, having weighed the protection of family life and the defence of the child’s best interests. (2) Articles 27 and 35 of Directive 2004/38 can be applied in any of the situations referred to in that directive where grounds of public policy, public security or public health apply, and in the event of abuse of rights or fraud. (3) In applying Article 3(2) of Directive 2004/38, the authorities of the host Member State may enquire into whether sufficient regard was had, in the procedure for awarding guardianship or custody, to the best interests of the child.

26 February 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 1989 Convention on the Rights of the Child (CRC) | Topic(s): Adoption - Family reunification | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland

D.D. v. Spain

1 February 2019 | Judicial Body: UN Committee on the Rights of the Child (CRC) | Document type: Case Law | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Expulsion - Non-refoulement - Unaccompanied / Separated children | Countries: Mali - Morocco - Spain

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