A.A. v. THE NETHERLANDS

• Court: Fourth Section (European Court of Human Rights)
• Judgment Date: 08 September 2026
• ECLI: ECLI:CE:ECHR:2026:0908JUD000748123
• Application Number: 7481/23
• Date: 08 September 2026
• Counsel: Bezem, Eva Elisa Maria
• Applied Rules: 8;8-1
• Respondent State: Holanda
• Importance Level: Low importance

FOURTH SECTION

CASE OF A.A. v. THE NETHERLANDS

(Application no. 7481/23)

JUDGMENT

Art 8 • Positive obligations • Family life • Refusal of the applicant’s application for family reunification with five of his minor children born of polygamous marriages with his second and third wives, contracted in Yemen • Existence of family life between the applicant and his five children despite the non-recognition of polygamous marriages in the Netherlands • Applicant’s decision to maintain all three marriages and not legitimise the situation, in knowledge of the ban and that his children would face immigration difficulties as a result • Existence of a strong European consensus as to the ban on polygamy • Wide margin of appreciation to be afforded to member States in deciding whether to allow family reunification between fathers and children born of polygamous marriages • Assessment of all relevant circumstances • Fair balance struck between competing interests at stake

Prepared by the Registry. Does not bind the Court.

STRASBOURG

8 September 2026

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of A.A. v. the Netherlands,

The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:

Lado Chanturia, President,
Faris Vehabović,
Anja Seibert-Fohr,
Ana Maria Guerra Martins
Anne Louise Bormann,
Sebastian Răduleţu,
András Jakab, judges,
and Hasan Bakırcı, Section Registrar,

Having regard to:

the application (no. 7481/23) against the Kingdom of the Netherlands lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Yemeni national, Mr A.A. (“the applicant”), on 9 February 2023;

the decision to give notice to the Government of the Kingdom of the Netherlands (“the Government”) of the complaint concerning the applicant’s right to respect for his family life;

the withdrawal from the case of Ms Corinna Wissels (Rule 28 of the Rules of Court), the judge elected in respect of the Kingdom of the Netherlands, and the appointment by the President of Ms Anne Louise Bormann to sit as ad hoc judge (Rule 29 § 2);

the decision not to have the applicant’s name disclosed;

the observations submitted by the Government and the observations in reply submitted by the applicant;

the comments submitted by the European Centre for Law and Justice (ECLJ), which was granted leave to intervene by the President of the Section;

Having deliberated in private on 8 July 2026,

Delivers the following judgment, which was adopted on that date:

INTRODUCTION

1. The case concerns the Dutch authorities’ refusal of the applicant’s request for residence permits for five of his minor children, who were born of marriages with his second and third wives. It raises issues under Article 8 of the Convention.

1. THE FACTS

2. The applicant was born in 1970 and lives in Helvoirt. He was represented by Ms E.E.M. Bezem and Ms I.C. van Krimpen, lawyers practising in Amsterdam.

3. The Government were represented by their Agent, Ms B. Koopman, of the Ministry of Foreign Affairs.

4. The facts of the case may be summarised as follows.

1. BACKGROUND TO THE CASE

5. The applicant contracted polygamous marriages in Yemen with three women. Eight children were born of his marriage with his first wife, three children of his marriage with his second wife and two children of his marriage with his third wife.

6. On 17 October 2018 the applicant entered the Netherlands and applied for a temporary asylum residence permit (verblijfsvergunning asiel voor...