Age, gender and diversity / Unaccompanied / Separated children

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

This decision concerns several violations to the right of unaccompanied foreign minors to social, legal and economic protection in France on several grounds (violations of Article 17§1 of the Charter) due to: •shortcomings identified in the national shelter, assessment and allocation system of unaccompanied foreign minors; •delays in appointing an ad hoc guardian for unaccompanied foreign minors; •the detention of unaccompanied foreign minors in waiting areas and in hotels; •the use of bone testing to determine the age of unaccompanied foreign minors considered as inappropriate and unreliable; •a lack of clarity to access an effective remedy for unaccompanied foreign minors;

24 January 2018 | Judicial Body: Council of Europe: European Committee of Social Rights | Legal Instrument: 1961 European Social Charter | Topic(s): Economic, social and cultural rights - Effective remedy - Right to education - Unaccompanied / Separated children | Countries: France

11 September 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Benefit of the doubt - Burden of proof - Evidence (including age and language assessments / medico-legal reports) - Refugee status determination (RSD) / Asylum procedures - Unaccompanied / Separated children | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

9 March 2017 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Children-at-risk - Immigration Detention - Immigration law - Unaccompanied / Separated children | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

26 January 2017 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Topic(s): Complementary forms of protection - Family reunification - Right to family life - Unaccompanied / Separated children - Visas | Countries: Afghanistan - Austria

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