European Court Rejects Polygamous Refugee’s Effort To Bring Children From Second and Third Marriages to the Netherlands

A European court unanimously found that the Netherlands did not violate a polygamous refugee’s rights when it denied his request to let children from his second and third marriages join him in Europe.On Wednesday, the European body established to evaluate allegations of violations of civil and political rights, the European Court of Human Rights, ECHR, found that the Netherlands did not violate Article 8 of the European Convention on Human Rights when it granted admission to eight out of the 13 children of a refugee from Yemen. The ruling marks the first time the ECHR has handled a case involving polygamy.The case began when the refugee, identified as A.A., entered the Netherlands in 2018 and was granted temporary asylum status. In the process of obtaining his permanent residence permit, A.A. applied for family reunification for his first wife and all 13 of his children. However, the Immigration and Naturalization Service, IND, told him that his polygamous relationship was “contrary to public order in the Netherlands” and officials asked him to choose which of his three marriages he wished to have recognized. Human Rights Watch notes that Yemen’s Personal Status Law allows for a man to marry up to four wives if he can treat them equitably, and the other women know he is already married. However, the Netherlands prohibits polygamy.Although A.A. did not amend his application, the IND chose to grant family reunification for his first wife and eight of his children, and denied the application for his five other children. He did not ask to bring the two other wives along with the five children, and therefore argued that the prohibition on polygamy did not apply. It suggested he could divorce his two other wives and submit family reunification applications for the remaining children. A.A. filed an objection, arguing that the IND should have considered the circumstances of the five children who were not permitted to come to the Netherlands. He noted that they were granted temporary residence in Turkey and said they could not go back to Yemen because they would face ill-treatment. The refugee also rejected the suggestion that he divorce his two other wives — which officials said would make the five remaining children eligible for family reunification — saying he could not contact Yemeni officials, and it would lead to the women facing a social stigma. European Union rules allow for member nations to reject family reunification applications for children from other marriages, but requires that the officials consider the children’s circumstances. A.A. argued that the Netherlands did not properly consider the potential ill-treatment of his children and simply rejected his application because of his polygamous relationships. After the rejection, A.A. appealed the case, arguing that the Netherlands violated his right to the respect for family life under Article 8 of the European Convention. The ECHR noted in its decision on Wednesday that if A.A. had divorced his two other wives, “he would have been in adifferent position, under Dutch law, as regards his right to family life with his five children born of those marriages.” The court also said Dutch officials had “wide leeway” in deciding whether to allow the family reunifications because of the “strong European consensus” against polygamy.The court rejected A.A.’s concerns that his children would be subject to mistreatment as it noted that they were living in Turkey and “had access to schooling and health services.” It also said there was “no evidence that they had been exposed to any violence there, or that the Turkish authorities would not be able to protect them if need be.” And it noted that A.A. could visit the five children in Turkey — who had never been to the Netherlands — if he wanted. “The Court considered that the assessment of the Dutch authorities had struck a fair balance between the interests of A.A. and those of the State as regards A.A.’s right to respect for his family life,” the ECHR said. A.A. can try to challenge the ruling by asking the Grand Chamber to review the decision. The Grand Chamber would have three months to approve the request and if it declines to review the case, the decision would be final.

European Court Rejects Polygamous Refugee’s Effort To Bring Children From Second and Third Marriages to the Netherlands

European Court Rejects Polygamous Refugee’s Effort To Bring Children From Second and Third Marriages to the Netherlands

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