Discontinuance decision; Subjects: RIGHTS OF THE CHILD, LUXEMBOURG; [CRC: Kinderrechtskonvention, Übereinkommen über die Rechte des Kindes; Convention relative aux droits de l'enfant; Convenzione sui diritti del fanciullo]
Erwägungen (6 Absätze)
E. 1 The authors of the communication are Ma.B., A.B. and Mo.B., nationals of the Sudan, born in 2014, 2019 and 2022, respectively. The authors claim that the State Party has violated their rights by deciding to return them to Italy. The authors are represented by counsel. The Optional Protocol entered into force for the State Party on 12 May 2016.
E. 2 On an unspecified date, the authors arrived in Italy, where they were granted asylum. On 1 June 2021, they applied for asylum in Luxembourg. On 14 July 2021, the Directorate of Immigration of the Ministry of Foreign and European Affairs declared their application inadmissible under article 28 (2) (a) of the Act of 18 December 2015 on international protection and temporary protection, pursuant to Regulation (EU) No. 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the member State responsible for examining an application for international protection lodged in one of the member States by a third-country national or a stateless person (the Dublin III Regulation). The authors appealed this decision before the Administrative Court, which upheld it on 18 August 2021. On 22 April 2022, the mother gave birth to her third child, Mo.B., in Luxembourg. On 14 July 2022, the authors applied for international protection on Mo.B.’s behalf. On 1 June 2023, the Directorate of Immigration of the Ministry of Foreign and European Affairs rejected this application. On
* Adopted by the Committee at its 100th session (12–30 January 2026). ** The following members of the Committee participated in the examination of the communication: Suzanne Aho, Thuwayba Al Barwani, Hynd Ayoubi Idrissi, Mary Beloff, Rosaria Correa, Timothy Ekesa, Bragi Gudbrandsson, Mariana Ianachevici, Philip Jaffé, Sophie Kiladze, Cephas Lumina, Benyam Dawit Mezmur, Juliana Scerri Ferrante, Aïssatou Alassane Sidikou, Zeinebou Taleb Moussa and Benoit Van Keirsbilck. United Nations CRC/C/100/D/253/2024 Convention on the Rights of the Child Distr.: General 26 February 2026 English Original: French CRC/C/100/D/253/2024 2 GE.26-02145 16 June 2023, the authors appealed this decision before the Administrative Court. On 18 March 2024, Mo.B.’s application for asylum was rejected. On 11 July 2024, the Court of Appeal upheld this decision.
E. 3 On 6 September 2024, the Committee, acting through its working group on communications, registered the communication and granted interim measures under article 6 of the Optional Protocol, requesting that the removal of Ma.B., A.B. and Mo.B. to Italy be suspended while the case was under consideration. On 10 December 2024, again acting through its working group on communications, the Committee granted further interim measures under article 6 of the Optional Protocol, requesting that the State Party provide Ma.B., A.B. and Mo.B. with alternative accommodation and ensure their access to the medical care they require.
E. 4 On 5 March 2025, the State Party submitted its observations on admissibility and the merits of the communication, indicating that the administrative courts had not yet issued a decision and that the case remained pending.
E. 5 On 23 September 2025, the authors informed the Committee that they no longer intended to submit further observations in relation to the communication.
E. 6 At a meeting on 30 January 2026, the Committee, taking into account that the authors no longer intended to submit further observations, considered that the case had become moot and decided to discontinue consideration of communication No. 253/2024, in accordance with rule 26 of its rules of procedure under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure.
Volltext (verifizierbarer Originaltext)
GE.26-02145 (E) 270226 020326 Committee on the Rights of the Child Decision adopted by the Committee under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, concerning communication No. 253/2024*, ** Communication submitted by: Ma.B., A.B. and Mo.B. (represented by counsel, Noemie Sadler) Alleged victim: Ma.B., A.B. and Mo.B. State Party: Luxembourg Date of communication: 30 August 2024 Subject matter: Expulsion of a Sudanese refugee family to Italy under the Dublin III Regulation Substantive issues: Best interests of the child; difference in treatment between nationals and foreigners; non-refoulement Articles of the Convention: 3, 16, 19 and 26 1. The authors of the communication are Ma.B., A.B. and Mo.B., nationals of the Sudan, born in 2014, 2019 and 2022, respectively. The authors claim that the State Party has violated their rights by deciding to return them to Italy. The authors are represented by counsel. The Optional Protocol entered into force for the State Party on 12 May 2016. 2. On an unspecified date, the authors arrived in Italy, where they were granted asylum. On 1 June 2021, they applied for asylum in Luxembourg. On 14 July 2021, the Directorate of Immigration of the Ministry of Foreign and European Affairs declared their application inadmissible under article 28 (2) (a) of the Act of 18 December 2015 on international protection and temporary protection, pursuant to Regulation (EU) No. 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the member State responsible for examining an application for international protection lodged in one of the member States by a third-country national or a stateless person (the Dublin III Regulation). The authors appealed this decision before the Administrative Court, which upheld it on 18 August 2021. On 22 April 2022, the mother gave birth to her third child, Mo.B., in Luxembourg. On 14 July 2022, the authors applied for international protection on Mo.B.’s behalf. On 1 June 2023, the Directorate of Immigration of the Ministry of Foreign and European Affairs rejected this application. On
* Adopted by the Committee at its 100th session (12–30 January 2026). ** The following members of the Committee participated in the examination of the communication: Suzanne Aho, Thuwayba Al Barwani, Hynd Ayoubi Idrissi, Mary Beloff, Rosaria Correa, Timothy Ekesa, Bragi Gudbrandsson, Mariana Ianachevici, Philip Jaffé, Sophie Kiladze, Cephas Lumina, Benyam Dawit Mezmur, Juliana Scerri Ferrante, Aïssatou Alassane Sidikou, Zeinebou Taleb Moussa and Benoit Van Keirsbilck. United Nations CRC/C/100/D/253/2024 Convention on the Rights of the Child Distr.: General 26 February 2026 English Original: French CRC/C/100/D/253/2024 2 GE.26-02145 16 June 2023, the authors appealed this decision before the Administrative Court. On 18 March 2024, Mo.B.’s application for asylum was rejected. On 11 July 2024, the Court of Appeal upheld this decision. 3. On 6 September 2024, the Committee, acting through its working group on communications, registered the communication and granted interim measures under article 6 of the Optional Protocol, requesting that the removal of Ma.B., A.B. and Mo.B. to Italy be suspended while the case was under consideration. On 10 December 2024, again acting through its working group on communications, the Committee granted further interim measures under article 6 of the Optional Protocol, requesting that the State Party provide Ma.B., A.B. and Mo.B. with alternative accommodation and ensure their access to the medical care they require. 4. On 5 March 2025, the State Party submitted its observations on admissibility and the merits of the communication, indicating that the administrative courts had not yet issued a decision and that the case remained pending. 5. On 23 September 2025, the authors informed the Committee that they no longer intended to submit further observations in relation to the communication. 6. At a meeting on 30 January 2026, the Committee, taking into account that the authors no longer intended to submit further observations, considered that the case had become moot and decided to discontinue consideration of communication No. 253/2024, in accordance with rule 26 of its rules of procedure under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure.