Council of State, Administrative Jurisdiction Division · 21 May 2025 · 202405046/1/V1
A Turkish woman and her three children wanted to join her husband, who had an asylum permit in the Netherlands. She applied in November 2023. When the statutory time ran out without a decision, she went to court. The minister argued that applications needed to be handled in the order they arrived.
Why a place in the queue was insufficient
The Council of State recognised the backlog and the reasons for processing cases in order. It also considered what a prolonged separation meant for a family and its children. The minister’s choice of queue could not, by itself, justify a longer judicial deadline or a smaller financial penalty for missing it.
What this family gained
The lower court’s timetable stood, with a penalty of €250 per day of further delay, capped at €37,500. The figure was a ceiling on the penalty. The judgment also records what happened to the application itself. On 1 November 2024, while the appeal was pending, the minister approved it.
The question the judge answered
A challenge to administrative silence asks for a decision. Whether the family qualifies on the merits is a further question. Keeping the application confirmation and dates of official correspondence helps distinguish the two.
