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…

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…

Access to Legal Remedies under the Visa Code in the Case of Representation Agreements

This project concerns preliminary questions to the Court of Justice (CJEU) from the district court in Utrecht in a visa case (Case C-680/17). The case concerns the request of Sri Lankan nationals for a Schengenvisa for the Netherlands. On the basis of a bilateral agreement they needed to apply for this visa at VSF Global (a private organisation), which…

(Late) submission of new asylum motives during the appeal before first instance courts and the requirement of a full and ex nunc judicial examination of Article 46(3) RAPD

On 4 October 2017 the Administrative Jurisdiction Division of the Council of State (AJD) referred preliminary questions to the Court of Justice (Case C-586/17) about the judicial review in asylum cases. The AJD wants to know whether asylum motives (reasons for international protection) which are first mentioned during the appeal phase should be taken into account…

The withdrawal of the residence permits of family members on the basis of fraud committed by the sponsor

This project concerns preliminary questions which were referred to the Court of Justice by the Administrative Jurisdiction Division of the Council of State (AJD) on 20 September 2017. The case concerned a family, of which the father had obtained a residence permit in order to work in the Netherlands. The mother and son had obtained a residence permit for family…