On 27 August 2024, lawyers Dora Brouwer and Flip Schüller filed new applications for residence permits for (the underaged) Mikael and his mother. Mikael is not only being raised and cared for by his mother, but also by his father. As such, Mikael has the right of residence in the Netherlands according to EU Law.
Following the decision rendered on 31 July 2024 by the administrative division of the Council of State in the case filed by Mikael and his mother on the basis of the Definitive Regulation for Long-term Resident Children (in Dutch: Afsluitingsregeling Langdurig Verblijvende Kinderen), the lawyers lined up and analyzed all the facts and circumstances in light of European jurisprudence. They concluded that the present applications are logical and promising.
Based on the applicable regulatory framework, Mikael and his mother can await the consideration of these applications in the Netherlands. During this period they cannot be deported.
In view of the privacy of those concerned and given that the Dutch Department of Immigration (IND) has the next move, the lawyers will not answer any further questions about the case for now.
The Dutch newspaper De Volkskrant provided background to the case in two recent publications, available in Dutch: