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…
Asylum seekers, who arrive in a (Southern) EU Member State may have a family member (a spouse, parent or minor child) who has applied for asylum and is waiting for a decision or who has received an asylum status in another Member State. According to the Dublin Regulation (Articles 8-10), the Member State where this…
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 project concerns three cases (CJEU Case C‐673/19), in which the Council of State has referred a preliminary question on 4 September 2019. The question concerns the detention of migrants, who have received an asylum status in another EU Member State and have applied for asylum in the Netherlands. Their asylum applications have been declared…
In a judgment of 29 July 2019 the Court of Justice answered preliminary questions referred by the district court of Utrecht, the Netherlands (Case C-680/17). The Migration Law Clinic had issued an expert opinion in this case, which was sent to the CJEU. The case concerned the request of Sri Lankan nationals for a Schengenvisa for the Netherlands. On the basis…
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…
