EU Court Bars Expulsion of Unaccompanied Migrant Minors Without Family Support

The High Court of the European Union based in Luxembourg is urging Europeans to consider the best interests of unaccompanied minors in the process of their expulsion to their country of origin. In ruling on the situation of a minor of Guinean origin, the European judicial authority recalls that the young man’s life could be turned upside down and that his expulsion would make him vulnerable. For the CJEU, the Dutch authorities should therefore not expel this 15-year-old migrant who does not have a residence permit in the Netherlands.

To recall, the young Guinean had applied for a residence permit in 2017 by invoking the right to asylum. He also explained in his file that he had been a victim of sexual abuse in the Netherlands, a reason that would expose him to a probable rejection by his family in Guinea if he were to be expelled. Unfortunately, none of these reasons convinced the authorities of the Dutch court, who refused him the right to asylum.

On the other hand, the Directorate General for Child Protection (DGAIA) explains that "unaccompanied minors are mostly children who are not under the guardianship of their two biological parents, nor of a close parent". Also, the DGAIA, indicates in its latest report of November 2020 that there are currently 732 unaccompanied minors in the Catalonia region, 14.8% of whom are from sub-Saharan Africa, 7.5% from the Maghreb (excluding Morocco), 68.7% from Morocco and 5.3% from various other nationalities.