From October 2017 until December/January 2017 the students of the Migration Law Clinic work on two cases, which are currently pending before the Court of Justice of the European Union.
Withdrawal of residence permit of family members of a person who committed fraud
The first 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 of 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 reunification and, afterwards, as long term residents. When the State Secretary found out that the father had committed fraud in order to receive a residence permit, he withdrew the residence permits of the whole family. The AJD asks the Court of Justice whether the Family Reunification Directive and the Long Term Residents Directive allow the State Secretary to withdraw the residence permits of the mother and son, taking into account that they were not aware that the father had committed fraud.
The project is supervised by Pieter Boeles and Martijn Stronks.
Ex nunc judicial examination and new asylum motives
On 4 October 2017 the Administrative Jurisdiction Division of the Council of State (AJD) referred questions to the Court of Justice about 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 by the first instance court. The AJD also asks the Court of Justice whether it makes a difference whether the asylum motives already existed, but were not mentioned during the administrative phase through the fault of the asylum applicant, or have come up after the decision by the decision-maing authority. Furthermore, the AJD asks whether it makes a difference whether it concerns an appeal in a first or a subsequent asylum procedure and whether the appeal court may refuse to take into account a new asylum motive in the light of the good order of proceedings.
The project is supervised by Marcelle Reneman and carried out in cooperation with the Strategic Litigation Committee of the Dutch Council for Refugees.
If you have suggestions for cases or topics for the Migration Law Clinic, you can contact the Clinic coordinator (firstname.lastname@example.org). See also under ‘For Clients’.