The legality of the detention of third-country nationals in order to ensure the passing back to the Member State where they enjoy international protection

This project concerns three cases (CJEU Case C‐673/19), in which the Council of State has referred a preliminary question on 4 September 2019. The question concerns the detention of migrants, who have received an asylum status in another EU Member State and have applied for asylum in the Netherlands. Their asylum applications have been declared…

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…

The legality of revocation of Dutch nationality of dual nationals involved in terrorist organizations

This expert opinion concerns cases of revocation of Dutch nationality of dual nationals (allegedly) involved in terrorist organizations. In some of these cases Dutch nationality is revoked on the basis of a final conviction for a terrorism-related crime. Other cases concern the revocation of Dutch nationality of so-called ‘jihadists’ who travelled to Syria, in the interests…