The Migration Law Clinic is looking for students

Are you a master student or exchange student and do you want to write expert opinions in real migration law cases? The Migration Law Clinic is looking for talented students who are interested to participate in the Clinic starting from October 2019. The Clinic is open to master students in law or criminology and exchange students of…

CJEU judgment in case concerning visa representation

In a judgment of 29 July 2019 the Court of Justice answered preliminary questions referred by the district court of Utrecht, the Netherlands (Case C-680/17). The Migration Law Clinic had issued an expert opinion in this case, which was sent to the CJEU. The case concerned the request of Sri Lankan nationals for a Schengenvisa for the Netherlands. On the basis…

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…