Staatssecretaris van Justitie en Veiligheid, Case C-646/21, CJEU (Grand Chamber), 11 June 2024

Asylum applications by minors claiming a risk of persecution in their country of origin due to the membership of a particular social group.

Art. 24 EUCFR

Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast)

Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast)
 

1. The Court of Justice ruled that, depending on the conditions in the country of origin, women nationals of that country, including minors, who genuinely identify with the fundamental value of gender equality — developed during their stay in a Member State — may be considered part of a “particular social group” and thus qualify for refugee status on that ground.

2. Article 24(2) of the Charter of Fundamental Rights of the European Union must be interpreted as precluding the competent national authority from deciding upon an application for international protection submitted by a minor without having concretely determined the best interest of the child in the context of an individual assessment.