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Immigration law

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E. v Staatssecretaris van Veiligheid en Justitie (C‑635/17) (request for preliminary ruling)

1. The Court of Justice of the European Union has jurisdiction, on the basis of Article 267 TFEU, to interpret Article 11(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification in a situation such as that at issue in the main proceedings, where a national court is called upon to rule on an application for family reunification lodged by a beneficiary of subsidiary protection, if that provision was made directly and unconditionally applicable to such a situation under national law. 2. Article 11(2) of Directive 2003/86 must be interpreted as precluding, in circumstances such as those at issue in the main proceedings, in which an application for family reunification has been lodged by a sponsor benefiting from subsidiary protection in favour of a minor of whom she is the aunt and allegedly the guardian, and who resides as a refugee and without family ties in a third country, that application from being rejected solely on the ground that the sponsor has not provided official documentary evidence of the death of the minor’s biological parents and, consequently, that she has an actual family relationship with him, and that the explanation given by the sponsor to justify her inability to provide such evidence has been deemed implausible by the competent authorities solely on the basis of the general information available concerning the situation in the country of origin, without taking into consideration the specific circumstances of the sponsor and the minor and the particular difficulties they have encountered, according to their testimony, before and after fleeing their country of origin.

13 March 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Complementary forms of protection - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Family reunification | Countries: Eritrea - Netherlands

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

Progress Report 2018: A Global Strategy to Support Governments to End the Detention of Asylum-Seekers & Refugees, 2014 - 2019

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

CASE OF GEORGIA v. RUSSIA (I) (Application no. 13255/07) (just satisfaction)

31 January 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Asylum policy - Expulsion | Countries: Georgia - Russian Federation

A.H c. Suisse

6 December 2018 | Judicial Body: UN Committee Against Torture (CAT) | Document type: Case Law | Legal Instrument: 1984 Convention against Torture (CAT) | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment | Countries: Ethiopia - Italy - Switzerland

TESTO COORDINATO DEL DECRETO-LEGGE 4 ottobre 2018, n. 113

3 December 2018 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

Global Roundtable on Reception and Care-Arrangements for Asylum-Seeking Children, Summary of Discussions, 10-11 October 2018, Bangkok, Thailand

December 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Sessional Reports

Campaign Update, October – December 2018

December 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country News

UNHCR Submission on Cambodia: 32nd UPR session

December 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Commentaries

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