Current and past projects

The Migration Law Clinic will accept new cases in January 2022. The students will work on new cases from February 20212 until June 2022. 

If you have suggestions for cases or topics for the Migration Law Clinic, you can contact the Clinic coordinator (migrationlawclinic@vu.nl). See also under ‘For Clients’.

The Migration Law Clinic is currently working on the following two topics:

The right to shelter of parents with a Chavez-Vilchez right of residence

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 belong to the target group of emergency shelter, did not come to Netherlands well-prepared and could return to Morocco with the support of the municipality. The mother started two procedures against the refusal of  emergency shelter: an appeal against the decision of the municipality of Amsterdam to refuse shelter before the administrative court and a civil law procedure against the Dutch State about the alleged illegality of the refusal of shelter before the civil court. In the administrative procedure, the district court declared the appeal against the refusal well-founded. The State appealed this judgment before the Central Appeal Council (Centrale Raad van Beroep). In the civil procedure, both the district court and the appeal court ruled that the Dutch State did not act illegally by refusing the mother emergency shelter. The mother appealed these judgments before the Supreme Court (Hoge Raad). The procedures before the Central Appeal Council and the Supreme Court are still pending. The Clinic is writing an expert opinion for both procedures.

This project is supervised by Dion Kramer and Isabella Leroy

Suspensive effect of the higher appeal of the State in Dublin cases

On 1 September 2021 the Dutch Council of State referred preliminary questions to the Court of Justice in several Dublin Cases. The question is in essence: Does EU law allow a national higher appeal court to grant an interim measure to the determining authority, which suspends the six months time limit for transferring the applicant? In order to answer this question the Clinic will examine amongst others the text of the relevant provisions of the Dublin Regulation (Arts 27 and 29 Regulation 604/2013) and the system and purpose of the Dublin Regulation.

This project is supervised by Janna Wessels and Marcelle Reneman

This is an overview of the cases supported by the Migration Law Clinic in the period 2013-2021:

 

Type case

 

Number

Case

 

Year expert opinion

 

Topic

Court of Justice EU (CJEU) 13 C-153/14 (K and A) 2014 Integration abroad
C-133/15 (Chavez Vilchez) 2015 The right to stay of third-country national parents of Dutch children
C-550/16 (A. and S.) 2017 The right to family reunification of unaccompanied minors
C-557/17 (Y. and Z.) 2017 Withdrawal of the residence permit of third-country national family members of a person who committed fraud in order to get a residence permit
C-680/17 (Vethanayagam) 2018 The right to an effective remedy in visa representation cases
C‐586/17 (withdrawn) 2018 Ex nunc judicial review of new asylum motives in asylum cases
C-226/19 and C-225/19 (R.N.N.S. and K.A.) 2019 Refusal of a visa application on the basis of an objection of another EU Member State
C‐673/19 (M and A.) 2019 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
C‑719/19 (F.S.) 2020 The right to free movement of an EU citizen, who has committed petty crimes in the Netherlands
Cases C-368/20 and C-369/20 (Landespolizeidirektion Steiermark) 2020 Legality of Reintroduction of Internal Border Controls:

Necessity and Proportionality under the Schengen Border Code and the Right to Free Movement of EU Citizens

Case C-624/20 (E.K.) 2021 Temporariness (or not) of the Chavez-Vilchez Right of Residence
Joined Cases C-704/20 and

C-39/21 PPU ((C. and B.)

2021 National limitations to judicial review in migration detention cases: Prohibition, competence or requirement of ex officio review?
C-556/21 (E.N., S.S., J.Y) 2021 Suspensive effect of higher appeals of the State in Dublin cases.
Cases referred to the CJEU after the expert opinion of the Migration Law Clinic 3 C‑331/16 and C‑366/16 (K. and H.F.) 2016 Right to stay of the family member of an EU citizen, who is suspected of having committed serious human rights violations
C‑635/17 (E.)

2017

2017 Evidence in Eritrean family reunification cases
C-19/21 2020 An Individual Legal Remedy against the Refusal of a Take Charge Request under the Dublin III Regulation
Complaints before the European Commission 2 2015 The requirement of a valid passport for the right to stay of the family member of an EU citizen
2016 Failure of the highest court to state reasons for the refusal to refer a preliminary question to the CJEU
Cases European Court of Human Rights: Third Party Intervention 3 Appl no 43654/18 (S.S. v Sweden) 2019 Return of a westernized and apostate Afghan woman
Appl no  22105/18 (M.T. v Sweden) 2019 Right to family reunification for persons with subsidiary protection
Appl. no 26049/18 (H.T. v Italy) 2020 De facto detention of asylum seekers in Italy (together with Refugee Law Clinic Turin)
Other cases ECtHR 3 2014 Risk assessment in Somalian asylum cases
2015 Expulsion  to Somalia of a criminal refugee, who had been expelled by Canada
2016 The right to stay of Chinese cooks
Cases pending on the national level 7 2014 Starting date legal stay of the family member of an EU citizen
2015 Medical evidence in subsequent asylum procedure under EU law

Medical evidence in subsequent asylum procedures under international law

2016 Legal position of stateless Palestinians
2018 Withdrawal Dutch nationality of (suspected) jihadis
2019 Family life between unmarried fathers and their biological children
2020 Application of Chavez-Vilchez in the Netherlands
Currently being written Right to emergency shelter for a mother with a Chavez Vilchez right to residence with her minor child

The Migration Law expert opinions can be found here.

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