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TQ v Staatssecretaris van Justitie en Veiligheid, Case C‑441/19, request for preliminary ruling

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

Rechtbank Den Haag, 24-01-2018 / AWB - 17 _ 13382

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 | Document type: Case Law | Legal Instrument: 2013 Recast Asylum Procedures Directive (EU) | Topic(s): Exhaustion of domestic remedies - Reception | Countries: Netherlands

K. v Staatssecretaris van Veiligheid en Justitie

14 September 2017 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | 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

Current migration situation in the EU: Oversight of reception facilities

September 2017 | Publisher: European Union: European Agency for Fundamental Rights | Document type: Regional Reports

Asylum Information Database, National Country Report : The Netherlands

31 December 2016 | Publisher: European Council on Refugees and Exiles | Document type: Country Reports

The length of asylum procedures in Europe

October 2016 | Publisher: European Council on Refugees and Exiles | Document type: Thematic Reports

Overview on UNHCR's operations Regional update - Europe

28 September 2016 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Regional Reports

Untangling the data: Assessing the accuracy of official refugee-related costs in Europe

September 2016 | Publisher: Overseas Development Institute (ODI) | Document type: Regional Reports

A.M.E. v. the Netherlands

5 February 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Decision on admissibility - Reception - Safe third country | Countries: Italy - Netherlands - Somalia

Asylum Information Database, National Country Report : The Netherlands

May 2014 | Publisher: European Council on Refugees and Exiles | Document type: Country Reports

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