COURT: No Asylum Birthday Penalty

Migrants in Greece(AP Photo/Yorgos Karahalis)Migrants in Greece(AP Photo/Yorgos Karahalis) (AP Photo/Yorgos Karahalis)

Thursday, April 12, Luxemburg’s European Court of Justice (ECJ) issued decision finding that all unmarried, minor-aged asylum-seekers who apply for immigration and who then subsequently reach age of majority @ 18 years of age; such age change does not invalidate their right to petition for reunification.


The ECJ heard the case of a woman from Eritrea who arrived in the Netherlands and applied for asylum early in 2014 at the age of 17. Shortly after,she reached 18, and after that she received Dutch permit. She then petitioned family reunion, calling for both of her parents and her 3 brothers. Dutch immigration refused the petition, citing that her adult age disqualified the petition.That decision was put under appeal, thus prompting the Dutch court to seek an ECJ opinion.

The court also ruled that it is not at the discretion of individual EU members to decide on a young refugee’s right to be reunited with his or her family. “Refugees who are unaccompanied minors have a right to such reunification which is not subject to a margin of discretion on the part of Member States.” the court said.

Yesterday’s court ruling impacts upon established reunification & immigration policies within many EU nations, who must now seemingly re-regulate.

The European Court of Justice (officially Court of Justice) is supreme court of the European Union, hearing all matters of European Union law. It’s tasked with the interpretation of EU law and equal applications of EU law.


© NTB Scanpix / #Norway Today