Case Law

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 | Legal Instrument: 2008 Returns Directive (EU) | Topic(s): Children's rights - Deportation / Forcible return - Reception - Unaccompanied / Separated children | Countries: Guinea - Netherlands

Article 2(f) of Directive 2003/86/EC of 22 September 2003 on the right to family reunification, read in conjunction with Article 10(3)(a) thereof, must be interpreted as meaning that a third-country national or stateless person who is below the age of 18 at the time of his or her entry into the territory of a Member State and of the introduction of his or her asylum application in that State, but who, in the course of the asylum procedure, attains the age of majority and is thereafter granted refugee status must be regarded as a ‘minor’ for the purposes of that provision.

12 April 2018 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Family reunification - Unaccompanied / Separated children | Countries: Eritrea - Netherlands

26 October 2016 | Judicial Body: Netherlands, The: The Hague District Court | Topic(s): Family reunification - Unaccompanied / Separated children | Countries: Eritrea - Netherlands

16 August 2016 | Judicial Body: Netherlands, The: The Hague District Court | Topic(s): Family reunification - Unaccompanied / Separated children | Countries: Netherlands

5 August 2016 | Judicial Body: Netherlands, The: The Hague District Court | Topic(s): Burden-sharing and international co-operation - Regional instruments - Unaccompanied / Separated children | Countries: Eritrea - Netherlands - Sweden

21 February 2013 | Judicial Body: European Union: Court of Justice of the European Union | Countries: Eritrea - Iraq - Italy - Netherlands - United Kingdom of Great Britain and Northern Ireland

19 December 2011 | Judicial Body: European Union: Court of Justice of the European Union | Countries: Eritrea - Iraq - Italy - Netherlands - United Kingdom of Great Britain and Northern Ireland

1 December 2011 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Access to procedures - Unaccompanied / Separated children | Countries: Netherlands

Decision on the merits.

20 October 2009 | Judicial Body: Council of Europe: European Committee of Social Rights | Topic(s): Asylum-seekers - Children's rights - Housing, land and property rights (HLP) - Reception - Unaccompanied / Separated children | Countries: Netherlands