Article 64
in forceDeparture, removal and transfer, entry ban and declaration of undesirability · Uitzetting en overdracht
Expulsion shall not take place as long as, having regard to the state of health of the foreign national or that of one of his family members, it is not responsible to travel.
Uitzetting blijft achterwege zolang het gelet op de gezondheidstoestand van de vreemdeling of die van een van zijn gezinsleden niet verantwoord is om te reizen.
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 decision of 11 October 2019, the State Secretary for Justice and Security rejected an application by the parties concerned to grant them a fixed-term ordinary residence permit. The parties concerned are a father and mother and their three children of Armenian nationality. The main person and her sister were born on [geboortedatum] 2003 and [geboortedatum] 2004 in Armenia. In 2014, they came to the Netherlands together with their parents. Their brother was born in the Netherlands on 4 April 2018. In 2014, 2016 and 2017, the parties concerned submitted asylum applications which did not lead to the fixed-term asylum residence permit intended by them. From 9 September 2015 to 30 October 2015, the Minister granted the father a postponement of departure pursuant to Article 64 of the Aliens Act 2000 (Vw 2000). In 2016 and 2018, the father submitted subsequent applications for postponement of departure which did not lead to the postponement intended by him. In 2015, the mother unsuccessfully requested a postponement of departure.
Decision on rechtspraak.nlBy decision of 17 April 2024, the State Secretary for Justice and Security denied an application by the person concerned to grant her a postponement of departure pursuant to Article 64 of the Vw 2000.
Decision on rechtspraak.nlBy decision of 25 September 2024, the Minister of Asylum and Migration denied an application by the person concerned to grant her a postponement of departure pursuant to Article 64 of the Vw 2000.
Decision on rechtspraak.nlBy decision of 17 October 2025, the Minister of Asylum and Migration has not processed an application by the appellant to grant him a stay of departure pursuant to Article 64 of the Vw 2000.
Decision on rechtspraak.nl