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CJEU Case C-550/16 / Opinion

A and S v Staatssecretaris van Veiligheid en Justitie

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Decision date:

Key facts of the case:

Reference for a preliminary ruling — Border control, asylum and immigration — Immigration policy — Right to family reunification — Concept of ‘unaccompanied minor’ — Right of a refugee to family reunification with his parents — Temporary residence permit — Refugee aged under 18 at the time of arrival and at the time of application for asylum and over 18 at the time of application for family reunification — Relevant date for assessing unaccompanied minor status.

Outcome of the case:

In the light of the foregoing considerations, I propose that the Court reply as follows to the question referred for a preliminary ruling by the Rechtbank Den Haag, zittingsplaats Amsterdam (District Court, The Hague, sitting in Amsterdam, Netherlands):

A third country national or stateless person under the age of 18 who arrives on the territory of a Member State unaccompanied by an adult responsible for him by law or custom, who applies for asylum, then, during the procedure, attains the age of majority before being granted asylum, with retroactive effect to the date of the application, and subsequently applies for family reunification as granted to unaccompanied minor refugees under Article 10(3) of Council Directive 2003/86/EC of 22 December 2003 on the right to family reunification, may be considered to be an unaccompanied minor, within the meaning of Article 2(f) of that directive.