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08 DEC 2005

HUMAN RIGHTS: Tuquabo-Tekele v The Netherlands (Application no 60665/00)

(European Court of Human Rights; 1 December 2005) [2006] 1 FLR 798

A mother who had settled in The Netherlands with her son, had married and had two more children, requested a provisional residence visa for her adult daughter, a national of Eritrea. The application was rejected on the basis that close family ties between mother and daughter had ceased to exist, that the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, Art 8 did not oblige the State to provide for family reunion on its territory, and that there were no objective reasons why the family could not move to Eritrea.

The European Court of Human Rights held there had been a breach of the right to respect for family life. The mother had always intended the daughter to join her, and had delayed her application on the advice of lawyers. The best way for the applicants to develop family life together was for the daughter to settle in the Netherlands, not for the other members of the family, some of them born in The Netherlands, to move to Eritrea.

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