Published on 22 May 2023
THIRD SECTION
Application no. 34425/22
Fesseha GEBREHIWET GEBREMEDHIN and Others
against the Netherlands
lodged on 8 July 2022
communicated on 3 May 2023
SUBJECT MATTER OF THE CASE
The application concerns a request for family reunification between three brothers: Fesseha, Musie and Berihu.
The applicants hail from Eritrea. Fesseha entered the Netherlands in 2015 as an unaccompanied minor and was granted a residence permit on asylum grounds. He submitted his request for family reunification with Musie and Berihu, who are currently residing in Ethiopia, within three months. At that time all three of them were minors. In 2020, the Deputy Minister of Justice and Security dismissed the request, finding that the economic interest of the Netherlands outweighed the interest of the applicants to exercise their family life in the Netherlands. In that balancing exercise account was taken of the fact that at the time of the decision both Fesseha and Musie had become adults. The Deputy Minister’s decision was upheld by the courts on appeal.
The applicants complain under Article 8 of the Convention that the respondent State failed to strike a fair balance between their right to respect for their family life and the other interests at stake. Among other things they argue that not sufficient weight was attached to (i) the fact that all the applicants were underage when they requested family reunification; (ii) the time it took the Netherlands authorities to reach a decision; (iii) the fact that they are orphans, and (iv) the fact that they are not able to exercise their family life in Eritrea because all three of them left the country illegally and are unable to return; they would be forced to join the military, which would result in a violation of Article 3 of the Convention.
QUESTION TO THE PARTIES
Has there been a violation of the applicants’ right to respect for their family life, contrary to Article 8 of the Convention?
APPENDIX
List of applicants:
Application no. 34425/22
No.
Applicant’s Name
Year of birth/registration
Nationality
Place of residence
1.
Fesseha GEBREHIWET GEBREMEDHIN
1999
Eritrean
Ede
2.
Musie GEBREHIWET GEBREMEDHIN
2001
Eritrean
Addis-Abbeba
3.
Berihu GEBREHIWET GEBREMEDHIN
2003
Eritrean
Addis-Abbeba