Third party intervention European Court of Human Rights case M.T. and others v Sweden (Appl no 22105/18)

This case concerns a Syrian minor boy, whose request for family reunification with his mother and brother was refused. The reason was a temporary law adopted in Sweden which provided that persons in need of subsidiary protection do not have the right to family reunification (while refugees do have that right). The boy and his…

The requirement of ‘sufficient substance’ of the relationship between father and child

This project concerns a series of cases in which the Dutch Council of State has ruled that there was no right to family reunification of a father with his biological child(ren), who was/were born out of wedlock (Council of State 18 July 2018, ECLI:NL:RVS:2018:2366, ECLI:NL:RVS:2018:2466, ECLI:NL:RVS:2018:2467, ECLI:NL:RVS:2018:2469 and 10 September, ECLI:NL:RVS:2018:2940). The Council of State considered that there were no factual family…

Access to legal remedies against a visa refusal based on an objection of another Member State

This project concerns several cases (Cases C-226/19 and C-225/19), in which a short term visa for the Netherlands was rejected automatically on the basis of an objection by an (unknown) EU Member State. The question addressed in this project is whether this automatic refusal is in conformity with EU law, specifically the Visa Code and Articles 41 (the right…

Ghent University wins Moot Court Competition

On 9 and 10 May 2019, 12 student teams from all over the world competed in the International Migration and Refugee Law Moot Court Competition at the Vrije Universiteit Amsterdam. The teams pleaded in a case concerning Mr. Moreno, a Venezualan asylum seeker, who applied for asylum on the fictitious Island of Caraiba. Judges from…

Migration Law Clinic Third Party Intervener at ECtHR

The European Court of Human Rights has accepted requests of the Migration Law Clinic to join the proceedings as a third party intervener in two cases against Sweden. It concerns the case M.T. v Sweden (Appl. no. 22105/18) and the case S.S. v Sweden (Appl. no. 43654/18). The first case is about a Syrian unaccompanied minor, whose…