European Court Upholds Dutch Rejection of Family Reunification for Children of Polygamous Migrant

The European Court of Human Rights has upheld the Netherlands’ decision to reject a Yemeni refugee’s request to bring children from two polygamous marriages to live with him.

The applicant, identified only as A.A., arrived in the Netherlands in October 2018 as an asylum seeker. He obtained refugee status with a permanent permit in November 2023. At the time of his arrival, his family members were living in Turkey.

He requested family reunification with his first wife and the children he had with his other two wives. Dutch authorities told him that he could apply only for reunification with the children of his first wife unless he divorced the other two women. He refused, saying divorce would have negative consequences for them.

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dispose of a wide margin of appreciation in deciding whether or not to allow family reunification for parents and children of polygamous marriages

The court noted that all Council of Europe countries prohibit polygamy and said there is broad agreement on the issue. It ruled that states have wide discretion in deciding whether to permit family reunification for parents and children from polygamous marriages. European countries cannot be required to recognize marriages that conflict with their own laws, the judges said, pointing to the close link between migration policy and public-order requirements.

The man has eight children with his first wife, three with his second and two with his third. The court also rejected arguments that the children faced a risk of mistreatment in Yemen, noting that they lived in Turkey and had no connection to the Netherlands beyond their father’s residence there. It added that he could visit them.

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a close link between migration policy and the imperatives of public order