Immigration law

11 February 2021 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

31 January 2021 | Publisher: Council of Europe: European Court of Human Rights | Document type: Case Law Compilations/Analyses

The TAF decided in a principle judgment that the right to family life should be taken into account in a Dublin procedure, even if the family member in Switzerland does not have a secure right of residence.

25 January 2021 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Family reunification - Refugee / Asylum law - Residence permits / Residency | Countries: Switzerland - Syrian Arab Republic

19 January 2021 | Publisher: National Legislative Bodies / National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents

1. Article 6(1) of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, read in conjunction with Article 5(a) of that directive and Article 24(2) of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that, before issuing a return decision against an unaccompanied minor, the Member State concerned must carry out a general and in-depth assessment of the situation of that minor, taking due account of the best interests of the child. In this context, that Member State must ensure that adequate reception facilities are available for the unaccompanied minor in question in the State of return. 2. Article 6(1) of Directive 2008/115, read in conjunction with Article 5(a) of that directive and in the light of Article 24(2) of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that a Member State may not distinguish between unaccompanied minors solely on the basis of the criterion of their age for the purpose of ascertaining whether there are adequate reception facilities in the State of return. 3. Article 8(1) of Directive 2008/115 must be interpreted as precluding a Member State, after it has adopted a return decision in respect of an unaccompanied minor and has been satisfied, in accordance with Article 10(2) of that directive, that that minor will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the State of return, from refraining from subsequently removing that minor until he or she reaches the age of 18 years.

14 January 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2008 Returns Directive (EU) | Topic(s): Children's rights - Deportation / Forcible return - Reception - Unaccompanied / Separated children | Countries: Guinea - Netherlands

11 January 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country Reports

11 January 2021 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

8 January 2021 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

January 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: General Comments/Recommendations

31 December 2020 | Publisher: Council of Europe: European Court of Human Rights | Document type: Case Law Compilations/Analyses