(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…

Council of State asks questions to State Secretary about Eritrean Family Reunification Cases

In November 2017 the Administrative Jurisdiction Division of the Council of State (AJD) has asked questions to the State Secretary about evidentiary issues in family reunification cases of Eritreans, who have received an asylum status in the Netherlands. The AJD asks the State Secretary to explain the current evidentiary policy in Eritrean family reunification cases and…

Preliminary questions concerning evidentiary requirements in (Eritrean) family reunification cases

On 14 November the district court of Haarlem referred preliminary questions to the Court of Justice of the European Union (CJEU) concerning evidentiary requirements in family reuinification cases. In May 2017 the Migration Law Clinic published an expert opinion on the Dutch evidentiary requirements in Eritrean family reunification cases. The expert opinion examines whether the rejection by…

Opinion AG in unaccompanied minors case

On 26 October 2017 Advocate General Bot gave his opinion about case C-550/16 concerning the right to family reunification of persons who were an unaccompanied minor at the moment of their asylum application but adults at the moment their asylum status was granted. The Court of Justice of the European Union (CJEU) is asked to decide which moment in…

Apply for the Migration Law Clinic 2017-2018!

Master student or exchange student and interested in migration law? The Migration Law Clinic is looking for talented students who are interested to participate in the Clinic starting from October 2017. The Clinic is open to master students in law or criminology and exchange students of the VU University and other universities in the Netherlands.…