Article 29
in forceResidence · The residence permit for asylum · § The residence permit for asylum
In accordance with Article 39, paragraph 2, of the Procedures Regulation, Our Minister may grant an asylum residence permit as referred to in Article 28 to the foreign national who, on the basis of Chapters II and III of the Qualification Regulation, is eligible for refugee status as referred to in Article 13 of the Qualification Regulation.
Rules may be set by or pursuant to an Order in Council (algemene maatregel van bestuur) with respect to this Article.
Overeenkomstig artikel 39, tweede lid, van de Procedureverordening kan Onze Minister een verblijfsvergunning asiel als bedoeld in artikel 28 verlenen aan de vreemdeling die op grond van de hoofdstukken II en III, van de Kwalificatieverordening in aanmerking komt voor de vluchtelingenstatus, bedoeld in artikel 13 van de Kwalificatieverordening.
Bij of krachtens algemene maatregel van bestuur kunnen regels worden gesteld met betrekking tot dit artikel.
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 decisions of 6 May 2022, the State Secretary for Justice and Security revoked the fixed-term asylum residence permits granted to the parties concerned. The parties concerned constitute a family consisting of two parents and their two adult daughters. They hold Iranian nationality. On 7 August 2017, the Minister granted the mother and the two daughters a fixed-term asylum residence permit pursuant to Article 29, paragraph 1, opening words and under (a), of the Aliens Act 2000 (Vw 2000), as he deemed it credible that they had converted. The father subsequently joined his family, and on 29 March 2018, the Minister granted him a fixed-term asylum residence permit pursuant to Article 29, paragraph 2, opening words and under (a), of the Vw 2000. In the decisions of 6 May 2022, the Minister took the position that the parties concerned had provided false statements with the assistance of the legal advisor. This ruling concerns the question of whether the Minister was entitled to revoke the permits and how a reassessment should take place in a case such as this.
Decision on rechtspraak.nlBy decisions of 21 December 2023, supplemented on 10 February 2025, the State Secretary for Justice and Security revoked the fixed-term asylum residence permits granted to the appellants. The appellants constitute a family consisting of a mother and her two adult sons. They all possess Iranian nationality. Following an initial rejection of the asylum applications, the Minister subsequently granted the mother and her then-minor son an asylum residence permit with effect from 21 September 2017, pursuant to Article 29, paragraph 1, opening words and under (a), of the Aliens Act 2000 (Vw 2000), because he deemed the mother's problems resulting from her apostasy to be credible. The Minister granted the son, who was already an adult at that time, an independent asylum residence permit pursuant to Article 29, paragraph 1, opening words and under (b), of the Aliens Act 2000, because he deemed the problems of his mother to be credible. In the decision of 21 December 2023, supplemented on 10 February 2025, the Minister took the position that the mother had made false statements with the assistance of the legal advisor. This ruling concerns the question of whether the Minister was entitled to revoke the permits and the question of how a reassessment must take place in a case such as this.
Decision on rechtspraak.nlBy decision of 4 December 2024, the Minister of Asylum and Migration declared inadmissible an application by the appellant to grant him a fixed-term asylum residence permit.
Decision on rechtspraak.nlBy decisions of 3 and 10 December 2024 and 4 February 2025, the Minister of Asylum and Migration rejected the applications of the appellants to grant them a regular residence permit for an indefinite period or an EU residence permit for long-term residents.
Decision on rechtspraak.nlBy decision of 4 June 2024, the State Secretary for Justice and Security rejected an application by the appellant to grant him a fixed-term asylum residence permit. The appellant holds Iranian nationality. He based his asylum application on the grounds that he is an apostate, as he has turned away from his faith in Islam and has become an atheist. He also participated in demonstrations in Iran in 2022. After he left for the Netherlands, two men came to his door in Iran and inquired about him. The appellant therefore fears that he has come to the attention of the Iranian authorities. The Minister rejected the appellant's asylum application. He considers it credible that the appellant is an apostate, that he is an atheist, and that he participated in demonstrations. The Minister considers it not credible that the Iranian authorities visited the appellant's house. Furthermore, the Minister takes the position that the appellant may be expected to exercise restraint in expressing his apostasy and atheism and that he, therefore, does not have to fear persecution upon return.
Decision on rechtspraak.nl