On Friday morning, the Council of State (RvS) decided in an appeal that the asylum application of the children from Amersfoort had been rejected. There have been procedures for years about their stay in the Netherlands.
"The children are not entitled to an asylum permit in the Netherlands, they can only receive them if they have to fear prosecution or serious damage by the authorities in Armenia, which there is no fear," according to the RvS.
The DTV has announced on Friday that it will use it as soon as possible to reunite with the mother, who was deported last year by the Netherlands. According to Scholtes, the children will take the plane to the Armenian capital Yerevan. She assumes in any case that they still have time to say goodbye.
Mother is very emotional according to the lawyer
Scholtes did not speak to the children on Friday afternoon after the verdict, but with the mother. According to the lawyer she is very emotional. "It is a crooked situation: she misses her children very much, but the problem is that she is powerless. She wants the best for them, but that does not work, "says Scholtes.
According to Esther van Dijken, who has close contact with the family, the children are "terribly afflicted" by the decision. "They knew it could go both ways, but they had hope until the last."
The RvS had ruled in this case earlier than usual, because the judge wanted to give clarity before the start of the school year.
'Children the dupe of adults with disagreement'
Children's Ombudsman Margrite Kalverboer thinks that '' in all peace and diligence '' should be considered what is now the best for Lili and Howick. In her position she can not substantively comment on judgments of the judge.
Kalverboer did not support the decision last year to expel the mother without her children. Lili and Howick are now the victims of adults who do not agree with each other, according to the Ombudsman.
According to the Convention on the Rights of the Child, not only safety, care and access to education should be considered, but also the question of whether the adults who care for the child can offer it or are supported for it.
The general approach of the Ombudsman for Children is that children who have been in the Netherlands for more than five years and who are therefore rooted here must be able to stay in the Netherlands.
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