FR for Aged out Minor Refugees
I heard before (I think it may have been from the IILA presentation last year) that the Department were applying a flexible approach to the cut off age, for refugees who were minors when they came to Ireland but over 18 when they got their declaration and were able to apply for FR (for their parents, siblings.) Anyone have any experience of this? Thanks, Liz.
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Hi Liz, Yes I have had experience of this and related proceedings. My understanding is that following a CJEU judgment CJEU judgment in Case C-550/16A and S, (even though we haven’t obviously signed up to FR directive) the Minister began this policy /practice which in summary is that so long as the refugee was under 18 at the date they applied for international protection, it doesn’t matter if they aged out in the meantime and are over 18 at the date of the FR application – so long as they still make the application within 12 months of getting the MDU letter. This is of course contrary to what is set out in section 56.
(There is no parallel policy as far as I am aware in relation to flexibility applied when the family members abroad themselves age out while the asylum seeker is awaiting decision here - as far as I know there have been 1/2 cases heard on this point and awaiting judgment, and I have two awaiting hearing)
Re a minor who aged out while in the process, I have made the s 56 application within the 12 months, referring to the CJEU judgment, best interest of the child principle, length of time child in asylum process (dating from an application in another MS eg Greece if transferred under Dublin III), and Minister's practice/policy and need for consistency, and requested a flexible interpretation of section 56 using executive powers - and judicially reviewed any refusal.