Dutch Minister has power to give Mikael a residence permit, but doesn’t want to
The chairmen of left-wing political parties are calling on Marjolein Faber, Dutch Minister of Asylum and Migration, not to deport Mikael. Ms Faber says she lacks the authority to do prevent the deportation, referring to the Dutch Council of State’s final decision not to grant Mikael and his mother a residence permit. Dr Mark Klaassen, Assistant Professor of Immigration Law, discusses this issue in NRC.
Until 2019, the Dutch Minister of Asylum and Migration had the discretionary power to make an exception in particularly distressing cases. However, that power has since been scrapped. Decisions in exceptional cases can now only be made by the Dutch Immigration and Naturalisation Service (IND) and in the initial phase, reports Dutch daily newspaper NRC.
However, the Dutch government always has the option to grant Mikael a residence permit based on the right to respect for private and family life. An exception can always be made on compassionate grounds. Dr Klaassen explains: ‘Dutch immigration law should have a mechanism that enables a residence permit to be granted to people in whose situations the rules really cause too much friction.’
Following the removal of discretionary power, the Dutch Advisory Council on Migration – of which Dr Klaassen is a member – has feared that distressing cases are in danger of falling between the cracks.
More information
Read the full NRC article (€) (in Dutch)
Photo: Thanos Pal through Unsplash