Shedding Light on the Protective Regime for Unaccompanied Minors Under the Family Reunification Directive: The Case of A and S’

Abstract

Family reunification constitutes one of the most pressing human rights issues for refugees, who are especially unaccompanied minors. Yet, the practical effectiveness of such a right is not always adequately ensured. Drawing from the recent decision of the Court of Justice in A and S (judgment of 12 April 2018, case C-550/16), the Insight aims to investigate the protection framework established by the Family Reunification Directive for refugees who are unaccompanied minors. The judgment is the first decision dealing with the right to family reunification for refugees in EU Asylum Law. In particular, the case deals with the question of whether an unaccompanied minor who attains the age of majority during the asylum procedure retains their right to family unification. By answering such a question, the Court’s reasoning offers a valuable opportunity to reflect on the scope of the Family Reunification Directive and suggest possible guidance as to the protective regime for refugees who are unaccompanied minors.