Uitspraak
RECHTBANK DEN HAAG
uitspraak van de enkelvoudige kamer in de zaak tussen
[eiser] , eiser
de minister van Asiel en Migratie, verweerder
Samenvatting
Procesverloop
Beoordeling door de rechtbank
46. The Court recalls that in
Bouchelkia v. France, 29 January 1997, § 41,
Reports of Judgments and Decisions1997I, when considering whether there was an interference with Article 8 rights in a deportation case, it found that “family life” existed in respect of an applicant who was 20 years old and living with his mother, step-father and siblings. In
Boujlifa v. France, 21 October 1997, § 36,
Reports1997VI, the Court considered that there was “family life” where an applicant aged 28 when deportation proceedings were commenced against him had arrived in France at the age of five and received his schooling there, had lived there continuously with the exception of a period of imprisonment in Switzerland and where his parents and siblings lived in France. In
Maslov, cited above, § 62, the Court recalled, in the case of an applicant who had reached the age of majority by the time the exclusion order became final but was living with his parents, that it had accepted in a number of cases that the relationship between young adults who had not founded a family of their own and their parents or other close family members also constituted “family life”.
47. However, in two recent cases against the United Kingdom the Court has declined to find “family life” between an adult child and his parents. Thus in
Onur v. the United Kingdom, no. , §§ 43-45, 17 February 2009, the Court noted that the applicant, aged around 29 years old at the time of his deportation, had not demonstrated the additional element of dependence normally required to establish “family life” between adult parents and adult children. In
A.W. Khan v. the United Kingdom, no. 47486/06, § 32, 12 January 2010, the Court reiterated the need for additional elements of dependence in order to establish family life between parents and adult children and found that the 34-year old applicant in that case did not have “family life” with his mother and siblings, notwithstanding the fact that he was living with them and that they suffered a variety of different health problems. It is noteworthy, however, that both applicants had a child or children of their own following relationships of some duration.
48. Most recently, in
Bousarra, cited above, §§ 38-39, the Court found “family life” to be established in a case concerning a 24-year old applicant, noting that the applicant was single and had no children and recalling that in the case of young adults who had not yet founded their own families, their ties with their parents and other close family members could constitute “family life”.
49. An examination of the Court’s case-law would tend to suggest that the applicant, a young adult of 24 years old, who resides with his mother and has not yet founded a family of his own, can be regarded as having “family life”.
Deze uitgangspunten heeft het EHRM ook later herhaald. [4]
Beoordeling
siblings) die tot dat gezin behoren. Verweerder heeft niet gemotiveerd waarom dat in deze zaak anders is. In dat kader is van belang dat eiser louter vanwege het feit dat zijn ouders aan de grens zijn vastgezet geen onderdeel meer uitmaakt van het gezin dat in zijn geheel om verblijf heeft verzocht bij referent, die tot zijn vertrek uit Eritrea ook tot dat gezin behoorde.