TQ v. Staatssecretaris van Justitie en Veiligheid, Case C-441/19, CJEU, 14 January 2021

Obligation for the Member State concerned to ensure, before the adoption of a return decision, that the minor will be returned to a member of his family, to a designated guardian or to appropriate reception facilities in the State of return.

Directive 2008/115 / EC of the European Parliament and of the Council of 16 December 2008 laying down common rules and procedures applicable in the Member States to the return of illegally staying third-country nationals.

1. Art. 6 of Directive 2008/115/EC, containing common rules and procedures applicable in the Member States to the repatriation of illegally staying third-country nationals, in conjunction with art. 5 of this directive, and with art. 24 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that, before taking a return decision against an unaccompanied minor, the Member State concerned must carry out an in-depth assessment of the situation of the minor, taking into account the best interests of the child. In this context, that Member State must ensure that adequate reception is available in the State of return for the unaccompanied minor in question.

2. Art. 8, of Directive 2008/115 / EC, must be interpreted as meaning that it prevents a Member State, after having adopted a return decision against an unaccompanied minor and having ascertained, in accordance with art. 10, of that directive, that he will be brought back to a member of his family, to a designated guardian or to suitable reception facilities in the State of return, refrain from proceeding after his removal until he has reached the age of eighteen years.