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;
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:2018:248CJEU rules on the attainment of the status of 'minor' if granted refugee status