Asylum seekers, who arrive in a (Southern) EU Member State may have a family member (a spouse, parent or minor child) who has applied for asylum and is waiting for a decision or who has received an asylum status in another Member State. According to the Dublin Regulation (Articles 8-10), the Member State where this family member is residing, is responsible for the examination of the asylum application of this asylum seeker. The Member State where the asylum seeker has applied for asylum can request the Member State where the family member is residing to take over the asylum application. However, what happens if the Member State refuses the request? 

This question was addressed in an expert opinion, which was submitted to the District Court in Haarlem in a Dublin case. This District Court has referred preliminary questions to the CJEU on 12 January 2021 (Case C-19/21) in the case of an unaccompanied minor. On 1 August 2022, the Grand Chamber of the Court of Justice ruled in line with the conclusion of the expert opinion of the Clinic that Article 27 of the Dublin Regulation read in conjunction with Articles 7, 24 and 47 of the Charter requires a Member State to which a take charge request has been made, based on Article 8(2) of that regulation, to grant a right to a judicial remedy against its refusal decision to the unaccompanied minor, who applies for international protection. However, the relative of that minor does not have an effective remedy against that decision.