Op-Ed: “To Derive or not to Derive? On the Due Deference of the Common European Asylum System to the International System for Refugee Protection in LW (C-91/20)” by Janine Silga

Although the Common European Asylum System (CEAS) clearly acknowledges the importance of maintaining the family unity of refugees and beneficiaries of subsidiary protection, it does not explicitly address the question of the legal status of their family members. In particular, it remains unclear whether EU law allows for the extension of the refugee status to the family members of refugees when they are not entitled to asylum on an individual basis.

This question lies at the heart of the Court of Justice’s Grand Chamber ruling issued on 9 November 2021 in LW (C-91/20), on the determination of the legal status of the minor child of a refugee. In this case, the Court ruled in favour of extending the refugee status to the minor child