CJEU: Request for preliminary ruling on the interpretation of Directive 2011/95

Friday, January 24, 2020

The German Federal Administrative Court recently requested a preliminary ruling in the case of C-768/19 to clarify, inter alia, which point in the asylum application process is used to determine whether the beneficiary of protection is considered to be a minor within the meaning of Article 2(j) Directive 2011/95.

The CJEU is invited to consider whether an applicant for asylum is to be considered a minor. Such a point may be the time when: (a) the beneficiary of protection was granted subsidiary protection status; (b) the applicant for asylum made his asylum application; (c) the applicant for asylum entered the host Member State; (d) the beneficiary of protection made his asylum application.

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is pusexblished but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.

Child Specific Considerations