The UN Committee on the Rights of the Child has determined that an unaccompanied minor’s rights under the UN Convention on the Rights of the Child were violated when he was deported from Melilla to Morocco by the Spanish Guardia Civil. Read more ...
The Court of Justice of the European Union decided on 26 March 2019 in its judgment in case C-129/18 (SM v Entry Clearance Officer, UK Visa Section) that a minor in the guardianship of a citizen of the EU under the Algerian kafala system cannot be regarded as a ‘direct descendant’ of that citizen. However, that citizen’s Member State of residence must facilitate, following an assessment, that minor’s entry to and residence in its territory. Read more ...
The Court of Justice of the European Union (CJEU) recently ruled in the case Yön v. the Landeshauptstadt Stuttgart (City of Stuttgart, case no: C-123/17) that the introduction of a visa requirement for family members of employed Turkish workers who are already residing legally in Germany can be justified on the grounds of implementing effective immigration control and the need to manage migratory flows into Germany. In the court’s view, a visa requirement is justified as long as the process of obtaining one is proportionate to achieving the objective. Read more ...
The Court of Justice of the European Union decided on 12 July 2018 in the case C-89/17 that a Member State must facilitate the entry and residence of the non-EU partner with whom an EU citizen has a durable relationship. A decision to refuse such a residence authorisation to the non-EU partner must be founded on an extensive examination of the applicant’s personal circumstances and be justified by reasons. Read more ...
The Court of Justice of the EU decided on 17. April 2018 in joined cases C-316/16 and C-424/16 that it is a prerequisite of eligibility for enhanced protection against expulsion that the person concerned must have a right of permanent residence. The requirement of having ‘resided in the host Member State for the previous ten years’, which is also a prerequisite of eligibility for that enhanced protection, may be satisfied where an overall assessment of the citizen’s situation leads to the conclusion that, notwithstanding his detention, the integrative links between the citizen and the host Member State have not been broken. Read more ...
The Court of Justice of the European Union states in its judgement of 25 January 2018 (C-473/16) that an asylum seeker may not be subjected to a psychological test in order to determine his sexual orientation. The performance of such a test amounts to a disproportionate interference in the private life of the asylum seeker. Read more ...
The Court of the European Union decided on 20 December 2017 (case number C-442/16) that an EU citizen who, after more than one year, has ceased to work in a self-employed capacity in another Member State because of an absence of work owing to reasons beyond his control retains the status of self-employed person and, consequently, a right to reside in that Member State. Read more ...
In response to the migration crisis that affected Europe in the summer of 2015, the Council of the European Union adopted a decision in order to help Italy and Greece deal with the massive inflow of migrants. The decision provides for the relocation from those two Member States to other EU Member States, over a period of two years, of 120 000 persons in clear need of international protection. That mechanism is actually a proportionate means of enabling Greece and Italy to deal with the impact of the 2015 migration crisis. Read more ...
The Court of Justice of the European Union decided in case Tsegezab Mengesteab v Germany (C-670/16) that an asylum seeker may rely in legal proceedings on the fact that the Member State has become responsible for examining his application because of the expiry of the three-month period within which that Member State may request another Member State to take charge of him. Read more ...
