Judgement of 25 November 2021 Federal Administrative Court - Conformity of the extension of international protection by derivation with the Directive and relevant point in time for assessing the 'minor' and 'unmarried' status as well as for having the rigth of care and custody of the beneficiary of protection
AsylG §§ 13, 14, 26 Abs. 3 Satz 1 und 2, Abs. 4 Satz 2, Abs. 5 Satz 1 und 2 AufenthG §§ 9, 26 Abs. 1 Satz 2 und 3, Abs. 3 und 4
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Conformity of the extension of international protection by derivation with the Directive and relevant point in time for assessing the 'minor' and 'unmarried' status as well as for having the right of care and custody of the beneficiary of protection. Headnotes 1. Consistent with article 3 of Directive 2011/95/EU, section 26 (5) first and second sentence in conjunction with (3) first sentence AsylG provides for a more favourable provision for determining who qualifies as a refugee or as a person eligible for subsidiary protection. 2. The relevant point in time for assessing the 'minor' and 'unmarried' status of the beneficiary of international protection as well as for having the right of care and custody within the meaning of section 26 (5) first and second sentence in conjunction with (3) first sentence AsylG is the point in time when both the beneficiary of protection and the applicant parent apply for asylum. 3. An application for asylum within the meaning of section 26 (5) first and second sentence in conjunction with (3) first sentence AsylG is deemed to have been filed when a request for protection is made informally to an authority responsible for its registration or to an authority to which such a request is likely to be made.
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