Minori Stranieri Non Accompagnati: normativa

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byminori stranieri non accompagnati

in Legale, minori stranieri non accompagnati, normativa, normativa minori stranieri

14:11

Dal 31 gennaio 2018 in vigore le modifiche sulle commissioni territoriali asilo e sui minori non accompagnati

Il decreto legislativo n. 220 del 22 dicembre 2017 , recante disposizioni integrative e correttive del decreto legislativo 18 agosto 201...

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.

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I Minori Stranieri non Accompagnati

byminori stranieri non accompagnati

in GIURISPRUDENZA, Legale, normativa, unaccompanied minors

06:15

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: 77 on whether an applicant who reached t...

On 15 June 2017, the Administrative Tribunal of Nice ruled on a référé-liberté case brought by different French NGOs, such as ANAFE, CIMADE and GISTI, regarding the practice of detention at the French-Italian border. The organisations asked for the suspension of the informal decision by the Alpes-Maritimes authorities to create a provisional detention zone in the city of Menton, for the release of all of those detained at that zone and for the placement of unaccompanied minors in appropriate reception centres.

The Court ruled that the information put before it, particularly with regard to the duration of the detention, was not sufficiently certain and precise. Therefore, it could not suspend the informal decision to create a provisional detention zone altogether. However, it affirmed that those who have been detained at the police station in Menton for more than four hours had to be transferred to official transit zones. It concluded that ordering the placement of unaccompanied minors was not within the mandate of the référé judge.

Based on an unofficial translation by the ELENA Weekly Legal Update. The EWLU would like to thank Flor Tercero for her kind assistance with summarising this case.

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