Mark Klaassen, LL.M is Assistant Professor at Institute of Immigration Law, Leiden Law SchoolProfile page
The regularisation of irregular migrants is a human right. Having a stable immigration status is a prerequisite for leading a normal life. Article 8 ECHR protects the right to private and family life and can oblige a state to regularise an irregular migrant.
The CJEU held in A.S. that family reunification of the parents of an unaccompanied asylum-seeking child should be allowed if the applicant was a minor when the asylum application was lodged. This affects the family reunification policies of Member States.
In its first ruling, the Committee on the rights of the Child holds that the deportation of a Somali mother and her baby daughter fearing to undergo FGM would breach Denmark’s obligation to protect the child from all forms of physical or mental violence.
Immigrants are protected from expulsion by the right to respect for private and family life. But in certain circumstances after a criminal conviction, expulsion may be justified. The ECtHR seems to lower the level of protection in its recent case law.
The EU Court of Justice explains the Zambrano doctrine: what matters is not just whether an EU-citizen parent could take care of the child, but whether the child has a relationship of dependency with the non-EU parent.