The Ministry of Asylum and Migration cannot intervene in the asylum case of Mikael, an 11-year-old boy born in the Netherlands, and his mother, Gohar Matosyan, as reported by NOS. According to a spokesperson for Migration Minister Faber, the Council of State ruled on Wednesday that the pair do not qualify for residence permits.
Mikael, born in Amsterdam in 2012, has lived in the Netherlands his entire life and has never been to Armenia. His mother, who arrived in the Netherlands in 2010, applied for asylum but was denied. Despite this, she stayed in the country and continued her legal battle.
Three Months Out of Contact
The Council of State's ruling was influenced by the fact that Mikael and his mother were out of contact with the relevant authorities for more than three months. It was noted that it was the mother’s choice to leave the shelter with Mikael without providing an address, which meant that they did not comply with the rules for the exception under the Closure Regulation. As a result, the family can be deported.
The Closure Regulation
Mikael applied for a residence permit under the Closure Regulation, part of the child amnesty policy, intended for children who have lived in the Netherlands for an extended period but do not meet the usual requirements for a residence permit.
Despite Mikael's entire life being in the Netherlands, the ruling means "Mikael and his mother cannot stay in the Netherlands and must return to Armenia." Mikael previously told Het Parool that the IND could "just as well deport him to Ghana, as he knows that country as little as Armenia."
Mayor Halsema's Appeal
Amsterdam Mayor Femke Halsema urged Minister Faber to discuss Mikael's case with the Immigration and Naturalization Service (IND), arguing that the rules are too strict in this instance.
"Mikael is an 11-year-old Amsterdammer who belongs with his friends at school. The desire to reduce immigration should never be so strong that it harms an 11-year-old boy who knows no other country than the Netherlands," Halsema said.
Distressing Circumstances
Despite Halsema's appeal, the Ministry maintains that it cannot assist Mikael and his mother. "The IND is the executing agency," a spokesperson stated. "Since 2019, the director-general of the IND can decide to allow a rejected asylum seeker to stay in the Netherlands due to a distressing situation only at the first application for residency."
Mikael and his mother do not qualify for this provision. "Our director-general can only use her authority at a first residency application," an IND spokesperson said. "This family has already gone through several procedures, so they must leave the country."
While a secretary of state or minister is politically responsible for the IND, since 2019, they no longer have 'discretionary power' to make exceptions if the policy is disproportionately harsh for an individual asylum seeker.
Petition for Mikael
A petition addressed to Minister Faber, calling for Mikael and his mother to be granted residence permits, has garnered over 46,000 signatures.
The petition's organizers and signatories urge the government to adopt a more humane asylum policy, one that considers the individuals affected rather than just the regulations. They also advocate for Mikael and other children in similar situations to be allowed to stay in the Netherlands.