Published on 3 February 2025
 
FOURTH SECTION
Application no. 7481/23
A.A.
against the Netherlands
lodged on 9 February 2023
communicated on 14 January 2025
SUBJECT MATTER OF THE CASE
The applicant is a national of Y. who was granted international protection in the Netherlands. The authorities had granted provisional residence permits to the applicant’s first wife and their eight children. The request for provisional residence permits for five of his minor children that were born from marriages with his second and third wife was refused.
Under Dutch immigration policy rules, family reunification is only allowed for one wife and children born from that marriage. However, the competent authorities must always make an individual assessment of the interests involved to determine whether an exemption from that rule should be granted. The outcome of the authorities’ assessment in the present case was that the individual interest of the applicant and his children to be reunited did not outweigh the general interest of protection of morals and public order. This decision was upheld on appeal and further appeal.
The applicant complains that the refusal to grant family reunification with his five children violated his right to respect for family life under Article 8 of the Convention.
 
QUESTION TO THE PARTIES
When refusing to grant provisional residence permits for the applicant’s children, did the competent authorities comply with their positive obligations under Article 8 of the Convention? In particular, did those authorities, in conducting a fair-balance assessment, take into account all relevant elements (see Jeunesse v. the Netherlands [GC], no. 12738/10, §§ 107‑109, 3 October 2014)?”