CJEU - C 648/11 / Judgment MA and Others v Secretary of State for the Home Department

Key facts of the case:
  1. This request for a preliminary ruling concerns the interpretation of the second paragraph of Article 6 of Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ 2003 L 50, p.1). 
  2. The request has been made in proceedings between MA, BT and DA, three children who are third-country nationals, and the Secretary of State for the Home Department (‘the Secretary of State’) concerning the Secretary of State’s decision not to examine their asylum applications which had been lodged in the United Kingdom and to propose that they be transferred to the Member State in which they had first lodged an application for asylum. 
Results (sanctions) and key consequences of the case:
 
The Court (Fourth Chamber) hereby rules:
 
The second paragraph of Article 6 of Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national must be interpreted as meaning that, in circumstances such as those of the main proceedings, where an unaccompanied minor with no member of his family legally present in the territory of a Member State has lodged asylum applications in more than one Member State, the Member State in which that minor is present after having lodged an asylum application there is to be designated the ‘Member State responsible’.
Paragraphs referring to EU Charter: 

 

56-59