The Dutch Supreme Administrative Court has overturned two decisions of former Attorney-General Anky Brokersknoll, who refused to grant residency permits to children.
The minister made the decision on the basis of a special law aimed at supporting children believed to be rooted in the Netherlands, albeit undocumented.
The ruling states that if a child is granted a residence permit in their own right, their next of kin can stay with the child under EU human rights law. no one is entitled to stay in the Netherlands.
In June 2019, Brekers-Knol decided not to grant residence permits to Vietnamese families with three children. This is because her father was convicted of growing marijuana, possessing counterfeit travel documents and shoplifting.
According to the minister, this meant he was a threat to public order, and she therefore refused the family’s application for stay.
The State Council has now ruled that this is not a valid reason to reject the children’s application.
In the second case, the minister denied a residence permit to a Kenyan boy and his mother who had been in the Netherlands since 2001. Again the court decided that this was not a valid reason for denying permission.
“In both rulings … the courts ruled that not giving residence permits would have disproportionate consequences for the children,” the State Council said.
“The undersecretary must reconsider whether foreigners should be granted residence permits. may not take
A report released last year by the Center for Immigration Law at Radboud University in Nijmegen said the treatment of immigrants who violated the strict and complex rules allowing them to stay in the Netherlands mirrored the child benefit scandal. is.
Immigration officials and judges assume fraud by immigrants and asylum seekers too early, while the rules give little leeway to consider the impact of their decisions on people, the report said. I’m here.
Until 2019, the Justice Minister had the right to use his discretion to grant residence to people in “dire” circumstances. But that power was removed in 2019, and he was given to the IND when amnesty for persistent child refugees was changed.
In 2019, “less than 5” people were granted residency permits by the IND because they fell into the “dire-case” category, and about 10 people were granted residency permits in 2020.
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