19/08/2021
State Secretary J&S has insufficiently reasoned why there is no dependency relationship
An Indian gentlemen wants to stay with his two Dutch stepsons. He believes that he has a derived right of residence from the children, partly because he takes care of them. But the State Secretary for Justice and Security has refused to grant him a residence permit. She believes that there is not such a dependency relationship between husband and children that the children are forced to leave the EU if the husband does not receive a residence permit.
On appeal, the court ruled that the State Secretary had not prepared and reasoned her decision carefully enough. The court ruled that the State Secretary had paid insufficient attention to the positive development of the children since the man's arrival in the family. In doing so, the court took into account the statements of the mother about the financial, emotional and family consequences of the divorce between her and the biological father. In addition, the mother has sought help for her serious psychological problems since the man's arrival. Therefore, the court annulled the decision and ordered the State Secretary to make a new decision. The Secretary of State disagrees. According to her, the decision is well reasoned and also in line with the judgments Chávez-Vilchez and O. and S. of the European Court of Justice.
By decision of 17 August 2021, the Administrative Jurisdiction Division declared the appeal of the State Secretary unfounded. In the opinion of the Administrative Jurisdiction Division, the court ruled in line with these court rulings and rightly considered the positive consequences of the man's arrival in the family. The court's decision therefore stands.
https://bit.ly/3xYzcEr
tegen de uitspraak van de rechtbank Den Haag, zittingsplaats Haarlem, van 15 oktober 2020 in zaak nr. 20/1158 in het geding tussen:
