Dutch Cabinet will continue to limit refugee family reunification despite court ruling

State Secretary Eric van der Burg will continue to maintain the entry restriction for family members of people with refugee status, which the Cabinet decided to implement at the end of August as part of its way to limit overcrowding at asylum seeker centers. The Netherlands lost a court ruling on the case recently, regarding a Syrian woman who wanted her spouse and children to join her in the Netherlands, but who could not obtain visas.

Van der Burg, who handles asylum policy for the Cabinet, said the case was about her specific circumstances. The court "has not ruled on the family reunification measure as a whole,” he argued.

"The family reunification scheme is still in place at the moment," emphasized Van der Burg. It is expected that more lawsuits will follow from refugee status holders who want to bring their families to the Netherlands as quickly as possible.

It is logical that at some point there will be proceedings on the merits of the policy, his spokesperson clarified. The decision from the highest court will be the determining factor about whether or not the family reunification scheme will be changed. "If the highest court comes up with a final position, we will accept it," said the state secretary.

According to Van der Burg, the family reunification measure is necessary to solve the asylum related issues in the Netherlands. He said both the Cabinet and a parliamentary majority have supported it.

From the outset, the family reunification scheme has led to a great deal of criticism, also within the coalition. The ChristenUnie in particular had trouble swallowing the measure, but so did VVD MP Daan de Neef. He left the Tweede Kamer because of the Cabinet's "ice-cold" asylum policy.

A large part of the Tweede Kamer immediately had doubts about the legal sustainability of the measure. However, a proposal from the opposition to submit the restriction on family reunification to the Council of State for guidance was rejected by a majority.

The restriction on family reunification applies to family members of people who are already in the Netherlands. Once they have been granted refugee status, the family reunification visas will be issued no more than 15 months after family members apply for them. However, if the refugee is able to secure their own housing with enough space for relatives, then the visa may be issued earlier. The measure applies until 2023.

The court ruled in favor of the Syrian woman on Monday. The immigration authorities said they would comply with the ruling, and Van der Burg affirmed her children will receive their reunification visas within 24 hours.