Skip Ribbon Commands
Skip to main content
13/07/2022
NL: The Council of State changed its approach in the assessment of family reunification requests.

ECLI
ECLI:NL:RVS:2022:2006
Input Provided By
EUAA Information and Analysis Sector (IAS)
Type
Judgment
Relevant Legislative Provisions
European Convention on Human Rights (ECHR); Family Reunification Directive (Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification)
Reference
Netherlands, Council of State [Afdeling Bestuursrechtspraak van de Raad van State], Applicant v State Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid), No 202104387/1/V1, ECLI:NL:RVS:2022:2006, 13 July 2022. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2613
Case history
Other information
Abstract

A Syrian woman asked to be reunited with her adult son living in the Netherlands. The IND decided not to grant her request for family reunification with her son, as it considered that the two did not have a family life worthy of protection, and referred to the case law of the ECtHR, noting that Article 8 protects the family life between adult family members if there are more than normal emotional ties between them. The IND underlined, that this entails that there should be elements proving emotional or financial dependence between the two.


The Council of State so far has always ruled that the IND did not have to further consider any interests, if it found a lack of more than normal emotional ties.


With this judgment, the Council changed its approach and found that it was not enough to merely observe the absence of more than normal emotional ties. The IND should also take into account the other facts and circumstances in the case, and weigh the different interests in its assessment, before taking a decision.


Country of Decision
Netherlands
Court Name
NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]
Case Number
No 202104387/1/V1
Date of Decision
13/07/2022
Country of Origin
Syria
Keywords
Family Reunification
Other Source/Information
https://www.raadvanstate.nl/actueel/nieuws/@132041/belangenafweging-gezinshereniging/
Original Documents