Immigration law / Deportation / Forcible return

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

15 December 2015 | Judicial Body: UN Committee Against Torture (CAT) | Document type: Case Law | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Non-refoulement | Countries: Guinea - Netherlands

22 September 2014 | Publisher: Germany: Federal Office for Migration and Asylum | Document type: Country News

22 September 2014 | Publisher: Germany: Federal Office for Migration and Asylum | Document type: Country News

23 June 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Asylum-seekers - Deportation / Forcible return - Effective remedy - Manifestly unfounded / Clearly abusive claims - Persecution based on political opinion - Refoulement - Safe third country - Suspensive effect | Countries: Czech Republic - Guinea

20 January 2011 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country/Situation Specific Position Papers

On appeal from the Asylum and Immigration Tribunal (AIT No: AA/13868/2006).

22 January 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Credibility assessment - Deportation / Forcible return - Domestic violence - Female genital mutilation (FGM) | Countries: Guinea - United Kingdom of Great Britain and Northern Ireland

Petition for review.

11 June 2008 | Judicial Body: United States Court of Appeals for the Second Circuit | Document type: Case Law | Topic(s): Convention against Torture (CAT) - Deportation / Forcible return - Female genital mutilation (FGM) - Social group persecution - Well-founded fear of persecution | Countries: Guinea - United States of America

On Petition for Review of an Order of the Board of Immigration Appeals.

19 April 2006 | Judicial Body: United States Court of Appeals for the Fourth Circuit | Document type: Case Law | Topic(s): Appeal / Right to appeal - Deportation / Forcible return - Female genital mutilation (FGM) - Persecution based on political opinion - Persecution of family members | Countries: Guinea - United States of America