Protection

1 May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Commentaries

May 2019 | Publisher: UN Office for the Coordination of Humanitarian Affairs (OCHA) | Document type: Policy/Position Papers

April 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

April 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

April 2019 | Publisher: International Committee of the Red Cross (ICRC) | Document type: Thematic Guidelines

1. The Court of Justice of the European Union has jurisdiction, on the basis of Article 267 TFEU, to interpret Article 11(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification in a situation such as that at issue in the main proceedings, where a national court is called upon to rule on an application for family reunification lodged by a beneficiary of subsidiary protection, if that provision was made directly and unconditionally applicable to such a situation under national law. 2. Article 11(2) of Directive 2003/86 must be interpreted as precluding, in circumstances such as those at issue in the main proceedings, in which an application for family reunification has been lodged by a sponsor benefiting from subsidiary protection in favour of a minor of whom she is the aunt and allegedly the guardian, and who resides as a refugee and without family ties in a third country, that application from being rejected solely on the ground that the sponsor has not provided official documentary evidence of the death of the minor’s biological parents and, consequently, that she has an actual family relationship with him, and that the explanation given by the sponsor to justify her inability to provide such evidence has been deemed implausible by the competent authorities solely on the basis of the general information available concerning the situation in the country of origin, without taking into consideration the specific circumstances of the sponsor and the minor and the particular difficulties they have encountered, according to their testimony, before and after fleeing their country of origin.

13 March 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Complementary forms of protection - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Family reunification | Countries: Eritrea - Netherlands

11 March 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

4 March 2019 | Publisher: National Legislative Bodies / National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents

The legislation introduced with the d.l. n. 113 of 2018, converted into l. n. 132 of 2018, in the part in which it modified the pre-existing regulation of the residence permit for humanitarian reasons dictated by art. 5, paragraph 6, of the legislative decree n. 286 of 1998 and other consequential provisions, replacing it with the provision of special cases of residence permits, does not apply in relation to applications for recognition of a residence permit for humanitarian reasons proposed before entry into force (October 5, 2018) of the new law, which will therefore be scrutinized on the basis of the legislation existing at the time of their presentation.

1 March 2019 | Judicial Body: Italy: Italian Supreme Court (Corte Suprema di Cassazione) | Document type: Case Law | Topic(s): Humanitarian protection (including tolerated stay) - Immigration law - Right to seek asylum