Dutch court upholds new family reunification rules for subsidiary protection holders
The Hague court ruled that the tightened family reunification criteria also apply to earlier applications filed by two Syrian nationals with subsidiary protection status.
In a landmark decision, the court in Den Haag held that the recent tightening of family reunification rules for people with subsidiary protection status also applies to applications submitted before the changes. The two Syrian claimants, who are not recognized as refugees but cannot safely return home, had their requests denied by the Immigratie- en Naturalisatiedienst because they lacked the required housing and had not observed a two-year waiting period.
The judgment noted that the new regulations, introduced as part of the European migration pact, do not conflict with higher law. The applicants intend to challenge the ruling on appeal. Vluchtelingenwerk Nederland criticized the decision, arguing that it severely limits the right to family reunification and leaves many families apart.
The case is the first of its kind, and the ultimate verdict is expected from the Council of State. Around a large Syrian community remains in the Netherlands, with ongoing discussions about voluntary return incentives.
Why it matters
The decision determines whether stricter migration rules can retroactively affect families already seeking reunification in the Netherlands.
How the sides frame it
MODERATE AGREEMENTLeft-leaning coverage highlights the minister’s discretion to apply stricter rules and notes an expert’s surprise, while centrist coverage presents the ruling as a landmark decision that tightens reunification rules and underscores criticism from refugee advocates.
LEFT
Frames the case around the minister’s legal freedom to enforce the stricter criteria and an expert’s astonishment at the outcome
CENTER
Frames the ruling as a landmark tightening of family reunification rules and stresses criticism that it curtails families’ rights
The left emphasises
- minister Bart van den Brink is free to apply the stricter requirements
- migration-law expert expressed surprise at the decision
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