This project concerns the case of a Moroccan mother who has a right to reside in the Netherlands with her six-year-old Dutch child on the basis of Article 20 TfEU (the Chavez-Vilchez case law). The mother applied for emergency shelter to the municipality of Amsterdam. This application was refused, amongst others because the mother did not…
Third country national parents have a right to residence in the EU, if their expulsion would force their EU citizen minor child to leave the EU. In the judgment in Chavez-Vilchez, the Court of Justice EU held that the relation of dependency between a third country national parent and the EU citizen child has to be…
In January 2020 the Migration Law Clinic issued an expert opinion concerning a case in which the Dutch Council of State has referred preliminary questions on 25 September 2019. The case concerns a Polish national, who registered in the Netherlands on 9 November 2017. He worked in the Netherlands for five months. On 1 June 2018,…
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…
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…
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…
Migration Law Clinic 