Article 10
in forceGranting of Dutch nationality
We may, having heard the Council of State of the Kingdom, in exceptional cases grant Netherlands citizenship by way of derogation from Article 8, paragraph 1, opening words and under (a), (c) and (d), Article 9, paragraph 1, opening words and under (c), and the period referred to in Article 11, paragraphs 3, 4 and 5.
Wij kunnen, de Raad van State van het Koninkrijk gehoord, in bijzondere gevallen het Nederlanderschap verlenen met afwijking van artikel 8, eerste lid, aanhef en onder a, c en d, artikel 9, eerste lid, aanhef en onder c, en de termijn genoemd in artikel 11, derde, vierde en vijfde lid.
Decisions of the Administrative Jurisdiction Division of the Council of State (ABRvS) — the highest court in immigration cases — applying this article. Annotations are unofficial translations.
By decision of 30 January 2024, the State Secretary for Justice and Security denied a petition (application) by [appellant] to grant him Dutch nationality. [appellant] holds Surinamese nationality. Since 4 January 2019, he has held a regular residence permit for stay with his Dutch partner. Since 4 March 2019, [appellant] and his partner have been registered at the same address in the Personal Records Database (Basisregistratie Personen). Due to family circumstances, [appellant] resided in Suriname from 2 July 2022 up to and including 9 March 2023. His partner travelled with him to Suriname and returned to the Netherlands after a few weeks. [appellant] submitted the naturalisation petition on 13 July 2023. The State Secretary denied the naturalisation petition because [appellant] did not have his principal residence in the Netherlands uninterruptedly during the five years immediately preceding the naturalisation petition.
Decision on rechtspraak.nlBy decision of 9 May 2022, the State Secretary for Justice and Security denied a petition by [appellant] to grant him Dutch nationality. [appellant] holds Angolan nationality. The State Secretary denied the petition because there is a serious suspicion that he constitutes a danger to public order. The reason for this is that it follows from his judicial documentation that [appellant] was convicted by the police judge of the District Court (de rechtbank) of East Brabant on 2 February 2023 for identity fraud committed on 21 August 2021. For this, he received a community service sentence of 80 hours, which he completed on 16 May 2023. In addition, he received a suspended prison sentence of one month with a probation period of two years. [appellant] argues in his first ground of appeal that the State Secretary failed to recognisably involve the probation report of 16 September 2022, submitted by him, in the balancing of interests in the decision of 15 June 2023, and that the court failed to recognise this.
Decision on rechtspraak.nlBy decision of 21 February 2022, the State Secretary for Justice and Security denied a petition (verzoek) by [appellant] to grant him Dutch citizenship. [appellant] holds Pakistani nationality and has resided in the Netherlands since 1993 on the basis of a residence permit. The State Secretary denied the petition on the basis of Article 7 of the Kingdom Act on Dutch Nationality in conjunction with paragraph 3.5.1 of the policy for that provision in the RWN Manual. According to the State Secretary, there is doubt regarding the identity of [appellant]. This doubt is based on a verification investigation into the birth certificate of [appellant] conducted by the Ministry of Foreign Affairs on 17 October 2008. This investigation was performed in response to a prior petition for naturalisation by [appellant], upon which the State Secretary issued a negative decision.
Decision on rechtspraak.nlBy decision of 3 September 2021, the State Secretary denied a petition (application) by [appellant] to grant him Dutch nationality. [appellant] petitioned the State Secretary on 1 December 2020 to grant him Dutch nationality. The State Secretary denied the petition on the basis of Article 9, paragraph 1, opening words and under (a), of the Kingdom Act on Dutch Nationality (Rijkswet op het Nederlanderschap, hereinafter: the RWN), because serious suspicions exist that [appellant] poses a danger to public order. The reason for this is that the police judge (politierechter) convicted him on 6 April 2020 to pay a fine of € 850.00 for acting in violation of Article 8, paragraph 5, of the Road Traffic Act 1994 (Wegenverkeerswet 1994, hereinafter: the WVW). The so-called rehabilitation period of five years, as referred to in the RWN Manual (Handleiding RWN), paragraph 5 of the policy for Article 9, paragraph 1, opening words and under (a), of the RWN, had not yet expired at the time of the petition. According to the State Secretary, no special circumstances exist that would require him to grant Dutch nationality to [appellant] in deviation from the policy in the RWN Manual.
Decision on rechtspraak.nlBy decision of 15 September 2022, the State Secretary for Justice and Security denied a petition (verzoek) by [appellant] to grant him Netherlands citizenship (hereinafter: the petition). [appellant] holds Angolan nationality. The State Secretary denied the petition, which was submitted on 20 October 2021, on the basis of Article 8, paragraph 1, opening words and under (c), and paragraph 3 of the Kingdom Act on Netherlands Nationality. Specifically, [appellant] does not have five years of admission and principal residence immediately preceding the petition. Furthermore, [appellant] does not have ten years of admission and principal residence within the Kingdom, of which the final two years were immediately preceding the petition. In the case of [appellant], there are two gaps in residence in the period from 4 June 2020 to 11 August 2020 due to registration in the Non-Residents Records Database (Register Niet-Ingezetenen, hereinafter: RNI) and in the period from 17 February 2021 to 8 April 2021 due to the absence of a right of residence.
Decision on rechtspraak.nl