There is no legal basis for the cabinet’s plan to restrict family reunions involving people who have successfully applied for asylum in the Netherlands, a court in Haarlem ruled on Monday.

Ministers had agreed to stop family members travelling to the Netherlands in an effort to reduce the pressure to house refugees in ordinary accommodation. The plan applies to the relatives of people with refugee status who are still living in asylum centres.

But judges in Haarlem have ruled in the case of a Syrian woman that her right to be reunited with her children is more important than the right of the cabinet to try to manage the accommodation crisis.

The government measure, brought in several months ago, conflicts with both Dutch law and two European guidelines, the court said, giving officials 24 hours to ensure the children can come to the Netherlands.

Painful measure

The justice ministry said in a reaction it is examining the ruling. ‘This painful measure was not taken lightly,’ a spokesman said. ‘Yet it is necessary.’

The issue of family reunification is a sensitive one within the coalition government. ChristenUnie had said it would only support restrictions if they were legally acceptable. The CY and D66 have also called for a better spread of refugees across the country while the VVD has focused on measures to stop the influx.

Most Dutch local authorities do not currently provide any accommodation for refugees.

The IND estimates that 920 people abroad are currently waiting for permission to join a close relative in the Netherlands.