By Danielle Cohen Immigration Law Solicitor LinkedinDanielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice.
The Court of Justice of the European Union has delivered its judgement in cases concerning separated children under the Dublin II Regulation and has held that where a separated child has applied for asylum in more than one EU State, the application is to be determined in the state where the child finds himself or herself. The Court agreed to hear the case despite the children and young people in it having been recognised as refugees because the question of damages in the case of BT unlawfully transferred to Italy remained live.
The Court identified the main objective of the Dublin Regulation as being to guarantee effective access to an assessment of refugee status. It held that the cases of minors should not be prolonged more than strictly necessary and that this means that as a rule, unaccompanied minors should not be transferred, recalling that the child’s best interests are to be of primary consideration.