A.A. v. the Netherlands
No violation of the Convention in refusing residence permits for children born from polygamy
In the case of A.A. v. the Netherlands the Court held that there had been no violation of the right to respect for private and family life.
The case concerned the Dutch authorities’ refusal of the applicant’s request for residence permits for five of his minor children, born of his polygamous marriages in Yemen.
The Court found that the assessment of the Dutch authorities had struck a fair balance between the interests of the applicant and those of the State. It underlined the close connection between immigration policy and considerations of public order and reiterated that, in establishing an immigration policy taking into consideration family ties, a State cannot be required to give recognition to polygamous marriages which are in conflict with their own legal order.