The CJEU says that unaccompanied minors can file an appeal if their request for care is rejected

BRUSSELS, Aug. 1 (EUROPE PRESS) –

The Court of Justice of the European Union has ruled this Monday that unaccompanied minors have the right to file an appeal in the event that the Member State in which the relative lives rejects the request for care.

The Court based in Luxembourg has indicated that the minor has the right to appeal against the decision of an EU country to deny the request for care by a family member who lives in another Member State under the Charter of Fundamental Rights of the Union European. A right that, on the other hand, does not benefit the relative of the minor.

The case dates back to 2019, when a minor Egyptian citizen requested international protection from Greece alleging the desire to meet with his uncle, also an Egyptian national, who resided in the Netherlands and had given his consent to do so.

Whereupon, a year later, the Greek authorities submitted a request for care to the Dutch authorities, under the Dublin III Regulation, a request that the Dutch Secretary of State rejected, arguing that the relationship between the two could not be established.

After the Dutch Secretary of State dismissed the applicants’ challenge to the decision, they turned to the Court in The Hague to find out whether the affected persons have the right to file an appeal to challenge the decision.

The EU Court of Justice has ruled that the regulation does not preclude the unaccompanied minor from being granted the right to appeal for a refusal of transfer as well as a refusal to accept a care request.

In its ruling, the court recalls that the rules of Union Law must be interpreted and applied with respect for fundamental rights and that the judicial protection of a minor cannot vary depending on whether he or she is also the subject of a transfer decision by the of the member state.

The court has indicated that minors, due to their vulnerable condition, have specific procedural guarantees. On the other hand, the court has indicated the relative does not have the right to appeal since the rule does not confer such rights.