Updates, commentary, training and advice on immigration and asylum law

Best interests of child and Dublin II

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In 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, when an applicant for asylum who is an unaccompanied minor with no member of his or her family legally present in another Member State has lodged claims for asylum in more than one Member State, the Member State responsible for determining the application for asylum pursuant to the second paragraph of Article 6 of the Regulation must, in principle, having regard to the minor’s best interests, and unless those interests require otherwise, be the Member State where the most recent application has been lodged.

Opinion of Advocate General Cruz Villalon on the effect of best interests of a child in determining responsibility for assessing asylum under Dublin II in the case of MA & Ors v Secretary of State for the Home Department [2013] EUECJ C-648/11 (21 February 2013)


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The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.

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