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Human rights / Right to family life

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Arrêt F-3045/2016 du 25 juillet 2018

The right to family reunion derived from the European Convention on Human Rights (ECHR) does not expire when the child who could benefit from it reaches the age of majority during the procedure. This easing of the case law, which takes into account recent judgments of the European Court of Human Rights, also has procedural implications

25 July 2018 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Family reunification - Right to family life | Countries: Cameroon - Switzerland

OPINION OF ADVOCATE GENERAL MENGOZZI in case C-380/17 Staatssecretaris van Veiligheid en Justitie, K, B joined party H. Y., (2) Staatssecretaris van Veiligheid en Justitie

(1) The Court has jurisdiction to answer the questions referred for a preliminary ruling by the referring court which relate to the interpretation of the provisions of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification in a case concerning the right of residence of a member of the family of a beneficiary of subsidiary protection status, where the provisions of that directive have been declared directly and unconditionally applicable to the beneficiaries of subsidiary protection status in national law. (2) The system provided for under Directive 2003/86 precludes a national provision, such as that at issue in the main proceedings, under which an application for family reunification on the basis of the more favourable provisions of Chapter V of that directive can be rejected for the sole reason that it was not submitted within the three-month period laid down in the third subparagraph of Article 12(1) of that directive, since that period cannot be regarded as a time bar and that application must be considered in the light of Article 7 and Article 24(2) and (3) of the Charter of Fundamental Rights of the European Union, which require the Member States to examine applications for family reunification in the interests of the children concerned, with a view to promoting family life and preventing both the objective and the effectiveness of Directive 2003/86 from being undermined. In addition, the failure to have regard to the guiding principles of that directive in the event of the rejection of an application for family reunification for the purposes of Article 12 thereof because the three-month period provided for in the third subparagraph of paragraph 1 of that article is exceeded cannot be justified by the fact that the examination of another application submitted under Article 7(1) of Directive 2003/86 would take account of those guiding principles.

27 June 2018 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Family reunification - Right to family life | Countries: Netherlands

CASE OF BISTIEVA AND OTHERS v. POLAND (Application no. 75157/14)

violation of article 8 - child’s best interests cannot be confined to keeping the family together - detention is mesure of last resort -consideration should be given to alternative measures - detention of minors called for greater speed and diligence on the part of the authorities

10 April 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Right to family life | Countries: Germany - Poland - Russian Federation

Equal Citizens, Thriving Families, Stronger Societies: Realizing Gender-Equal Nationality Rights in the Middle East-North Africa Region

5 April 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

Away from home, and all alone: Helping displaced children understand foster care (Handbook for Children in Foster Care)

April 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Handbooks/Manuals

Handbook for Foster Parents

April 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Handbooks/Manuals

Manual on Foster Care for Unaccompanied and Separated Children

April 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Handbooks/Manuals

Handbook for Foster Care Agency

April 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Handbooks/Manuals

Handbook for Foster Care Agency

April 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Handbooks/Manuals

CASE OF T.C.E. v. GERMANY (Application no. 58681/12)

in a case which concerns family life as well as immigration, the extent of a State’s obligations will vary according to the particular circumstances of the persons involved and the general interest.

1 March 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Rejected asylum-seekers - Residence permits / Residency - Right to family life | Countries: Germany - Nigeria

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