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Country of Decision : Sweden
Court Name : SE: Migration Court of Appeal [Migrationsöverdomstolen]
Date of decision : 13/11/2018
Type :
Case Number/Citation/ Document Symbol : UM5407-18

Applicant (Syrian) v Migration Court (Migrationsdomstolen)

SE: Migration Court of Appeal rules on family reunification right for minors beneficiaries of subsidiary protection

The case concerned the right to family reunification of an 8-year-old Syrian boy who came to Sweden with his uncle and applied for asylum on Dec 30, 2015. His case was decided on by the Swedish Migration Agency (SMA) in April 2017 and he was granted subsidiary protection for 13 months according to the temporary law which was in force since July 20, 2016. Since the boy applied after Nov 24, 2015, the law applied to him. According to the temporary law, family reunification is not possible for beneficiaries of subsidiary protection and when his parents and brother applied to be reunited with him in Sweden, their application was rejected. However, when the case reached the Migration Court of Appeal, the court found that it would be contrary to the article 8 of the European Convention on Human Rights (ECHR) and the articles 3, 9 and 10 of the Convention on the Rights of the Child (CRC) to deny the boy the right to be reunited with his parents and brother when weighing the interest of the Swedish government of limiting the number of asylum seekers against the interest of the child and his right to family life.

Family Reunification; Minor; Subsidiary Protection;

European Convention on Human Rights; Family Reunification Directive (Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification);


Sweden, Migration Court of Appeal [Migrationsöverdomstolen] , Applicant (Syrian) v Migration Court (Migrationsdomstolen), UM5407-18, 13 November 2018. Link redirects to the English summary in the EASO Case Law Database.