Case Law

1. Migratory journeys are often the result of a combination of two elements: chance and necessity. In the case before the Court, a Syrian national, after travelling through Libya and Turkey, arrived in Austria, where, out of necessity, he lodged an application for international protection. After obtaining refugee status, he went to Belgium to be reunited with his two children, one of whom is a minor, and there lodged a new application for international protection, which was declared inadmissible in view of the prior recognition granted in the first Member State. 2. It is against that background that the question arises, to my knowledge for the first time, whether, in particular, the fundamental right to respect for family life enshrined in Article 7 of the Charter of Fundamental Rights of the European Union (‘the Charter’), read in conjunction with the obligation to take into consideration the child’s best interests set out in Article 24(2) of the Charter, can override the inadmissibility mechanism for applications for international protection laid down in Article 33(2)(a) of Directive 2013/32/EU. (2)

30 September 2021 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Refugee status determination (RSD) / Asylum procedures - Right to family life | Countries: Austria - Belgium - Syrian Arab Republic

13 October 2020 | Judicial Body: Ireland: Supreme Court | Legal Instrument: 2013 Recast Asylum Procedures Directive (EU) | Topic(s): Readmission - Refugee status determination (RSD) / Asylum procedures | Countries: Ireland - Ukraine

articles 5 and 7(1)(h) 2005 Regulation on benefits for asylum seekers and other categories of foreigners contrary to EU law

12 March 2018 | Judicial Body: Netherlands, The: The Hague District Court | Legal Instrument: 2013 Recast Asylum Procedures Directive (EU) | Topic(s): Exhaustion of domestic remedies - Reception | Countries: Netherlands

14 September 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Immigration Detention - Proof of nationality - Reception - Refugee status determination (RSD) / Asylum procedures - Right to liberty and security | Countries: Iran, Islamic Republic of - Netherlands

13 September 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Burden-sharing and international co-operation - Deportation / Forcible return - Immigration Detention - Refugee status determination (RSD) / Asylum procedures | Countries: Sweden