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IND will reconsider its decision in the case of Davit and Nunë

Last update: 1 October 2021

The Immigration and Naturalisation Service will decide again on the application by the Armenian children Davit and Nunë and their parents. It was rejected, because it was not known where they had stayed in the Netherlands in the past few years. This was however a requirement to be eligible in 2019 for the Definitive Regulation for Long-term Resident Children (Afsluitingsregeling Langdurig Verblijvende Kinderen).

During a legal action regarding the rejection, however, the judge concluded Thursday that there was indeed an address on two documents in the file. The decision-maker of the IND and the family's lawyer had not noticed those documents before. Thereupon, after a stay, the IND withdrew the decision and promised to take a new decision on the family's application. A final decision will shortly follow.

Normally speaking, the IND does not deal with individual cases in connection with privacy. Because of the media coverage and the open court session, the Service finds it important to communicate about this case openly and transparently.

Definitive Regulation

On the instructions of the Government, the IND implemented the Definitive Regulation (also known as the Children's Pardon) in 2019. About 1000 applications were assessed. Somewhat more than half of the applications were granted at the time. The rest of the cases were rejected because the applications did not meet the requirements, for example because they had been in the Netherlands for less than five years, or because they did not have an asylum application pending. You will find more information about the procedure on our site. 

Update: October 4, 2021: The IND had now taken a decision in this case.