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…

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…

The ‘bewijsnood’ policy of the Dutch immigration service: A correct interpretation of the Family Reunification Directive or an unlawful procedural hurdle?

This expert opinion is about Eritrean asylum status holders in the Netherlands, who try to be reunited with their family members left behind. An asylum status holder can apply for reunification with his family left abroad, within three months following the decision granting his or her asylum status. One of the conditions for family reunification is…