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European Union
Country of Decision : European Union
Court Name : EU: Court of Justice of the European Union [CJEU]
Date of decision : 12/04/2018
Type :
ECLI : ECLI:EU:C:2018:248
Case Number/Citation/ Document Symbol : Case C‑550/16

A. and S. (Eritrea) vs Secretary of State for Security and Justice (NL, Staatssecretaris van Veiligheid en Justitie)

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’.

Family Reunification; Vulnerable Group;

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;

EASO IDS

European Union,EU: Court of Justice of the European Union [CJEU], A. and S. (Eritrea) vs Secretary of State for Security and Justice (NL, Staatssecretaris van Veiligheid en Justitie), 12/04/2018, ECLI:EU:C:2018:248
CJEU rules on the attainment of the status of 'minor' if granted refugee status

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=70