ANP
NOS Nieuws•vandaag, 15:35
The measure that asylum seekers with a residence permit are not allowed to bring their family members to the Netherlands until they have a home in the Netherlands will be canceled for the time being.
State Secretary Van der Burg writes this to the House of Representatives. In this way, the coalition wanted to temporarily limit the influx of asylum seekers, because asylum reception has been under great pressure for some time.
That became painfully clear this summer when hundreds of people had to sleep outside for days at the overcrowded application center in Ter Apel. Médecins Sans Frontières had to provide medical assistance to those who urgently needed it.
The coalition came up with a package of measures and solutions, including suspending the family reunification of asylum seekers. They were not allowed to travel after a family member without a home for at least six months.
“Useful effect is missing”
But several judges have ruled that the measure is actually not possible, because it violates international treaties. That is why the cabinet is temporarily releasing the measure, writes Van der Burg. The State Secretary writes that it is “in line with the expectation that other courts” will decide the same, which means that “the useful effect of the measure is currently lacking.”
The government is still awaiting the ruling on the appeal in this case, before taking a final decision. The hearing is tomorrow, when the verdict is not yet known.
In recent months, several judges have therefore drawn a line through the measure, in various individual cases. For example, the court in Haarlem ruled in December that there is no legal basis for this, because the policy is in conflict with the Dutch Aliens Act and with two provisions in the European Family Reunification Directive.
That case was brought by Syrian Fakhria Al Mullaabid (47). The woman, who has six children, had asked the judge for a so-called provisional injunction because her family still has to wait until the end of April before they can come to the Netherlands.
The judge ruled that the interest of reuniting mother and minor children outweighs the interest of the State Secretary to deal with the reception crisis.