Finland Supreme Administrative Court: aged-out asylum seekers should be considered minors when applying the Dublin criteria

On 9 May 2017, the Supreme Administrative Court of Finland ruled on case KHO: 2017: 77on whether an applicant who reached the age of majority during the asylum proceedings ought to be considered an unaccompanied minor under the Dublin III Regulation. The applicant was under age when he was registered by the Bulgarian and Hungarian authorities and also when he later applied for asylum in Finland. The question was if, in a situation where an asylum seeker reaches the age of majority during the asylum procedure, his application ought to be assessed in Finland in accordance with Article 8(4) of the Dublin III Regulation (“[the] Member State responsible shall be that where the unaccompanied minor has lodged his or her application for international protection, provided that it is in the best interests of the minor”). The Supreme Court considered that the phrasing of Article 8(4) of the Dublin III Regulation and the CJEU’s jurisprudence (e.g. MA and others (C-648/11)), required the date of an applicant’s submission for asylum to be the decisive date when applying the Dublin criteria. Therefore, asylum seekers who turn eighteen during the asylum proceedings are to be considered minors when applying the Dublin Regulation. Consequently, the Supreme Administrative Court ruled that Finland was the Member State responsible for assessing the asylum application. E-BOOK GRATIS SCARICA GRATUITAMENTE LA GUIDA PRATICA I Minori Stranieri non Accompagnati