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

1999Eritrean

Ede

2.Musie GEBREHIWET GEBREMEDHIN

2001Eritrean

Addis-Abbeba

3.Berihu GEBREHIWET GEBREMEDHIN

2003Eritrean

Addis-Abbeba