Success is of course great. However, sometimes success is more than great. In the case of Ms I. it became quickly clear to that she was emotionally affected by the loss of her nationality and the prospect of being barred from what she saw equally as home. I really felt her hurt and it became a mission to try to resolve her case. The case looked challenging, but at the same time there were possibilities. If I remember correctly I thought the case would take me 4 to 6 hours. However, as time progressed it became evident that it was more challenging and required much more involvement. To compare, the quickest similar case I had was a total of 2 hours. 1 hour on advising which evidence to get, another rewriting an appeal. Also success. This shows how things can differ per person and case even if it is similar. In the 8.5 months that I ultimately assisted Ms I. it was a real pleasure to be able to help. And success after such a long time is emotionally very rewarding as well. Luckily most of my cases are successful but today I walk around with an extra big smile on my face. Case timeline below.  

1997
Ms I is born in the US to a Dutch/Canadian dual national mother and American father, she therefore has the Dutch American nationalities as of birth. Growing up she is often in the Netherlands and feels Dutch.

2003
Because the Dutch nationality law changed on 01 Apr 2003 many hundreds if not thousands of Dutch dual nationals lose their nationality 10 years later.

Apr. 2013
The majority were not aware of this possibility of loss of Dutch nationality and did not want this. 01 April 2013, Ms I. is a teenager/minor and as many others loses together with her mother her Dutch nationality. She always wanted to study and live in the Netherlands or Spain where she has family and feels at home. However, this is now no longer possible. Passport renewals/applications are denied. No, you are no longer Dutch!

Mar. 2019
The Court of Justice of the European Union finds such automatic loss disproportionate and against EU conventions the Netherlands signed up for. The so called Tjebbes verdict results in the possibility for such cases to be reviewed and the persons to retrospectively get their Dutch nationality back. However, because the EU court can only consider EU matters the proportionality of loss needs to be assessed against the use of their EU rights (Freedom of Movement since 01 Nov 1993). Or their intended use of those rights. However, the verdict also states that the circumstances can’t be “hypothetical” thus a certain amount of evidence is needed. This is where the biggest challenge is, who still has relevant documents and records from 10 years ago?

Oct. 2019
Ms I. applies for a Dutch passport and requests the so called proportionality test.

Mar. 2021
Ms I gets a negative decision. Her loss was proportionate it says.

Apr. 2021
Ms I. appeals the decision.

Aug. 2021
Ms I. gets the opportunity to be verbally heard. In the hearing the ministry advises they want to await another court decision which relates to her own situation. (I should note that the ministry is kind and forthcoming in this consideration).

Sep. 2021
Ms I. enquires with the ministry what the status of her appeal is.

Apr. 2022
The other court case the ministry was waiting for is negatively decided. Dutch politicians also have voted for a change of law allowing the Tjebbes court verdict to be implemented into Dutch law as an Option. Ms I. her case is already in progress and will not be affected by the new different (and more bureaucratically difficult) proportionality test through Option.

May 2021
Ms I. contacts Kris von Habsburg and gets legal advice. The initial assessment is that Ms I. did not submit the right reasons and evidence with her appeal and the possibility of a rejection is very real. A plan of action is agreed. Plan A: First, requesting the ministry for additional time to submit further evidence. Requesting a copy of her file at the ministry. The hunt for the right evidence of 10 years ago is on. Not easy as Ms I. has since moved, and finished her education, changed email addresses, etc. Relevant school records, emails etc need to be retrieved and this seems difficult to impossible. Plan B: getting the nationality back after moving to the Netherlands, thus that would first be a difficult immigration challenge.

Jun. 2022
We request again additional time. The ministry apologises for the delays and sends the file. Kris von Habsburg notes that the circumstances of the court case the ministry was initially waiting for and negatively decided in April was not that similar to Ms I. and thus it is important to argue that this does not affect Ms I.

Sep. 2022
We request again additional time. The ministry is again forthcoming and considerate. Kris von Habsburg travels to Spain to play detective, diplomat, and retrieve evidence from a university. Previous requests by phone and emails were not answered. Visiting in person helped but still took extra time. The Spanish university issues a statement which will be an important part of the evidence.

Nov. 2022
We submit the appeal with about 20 pieces of additional evidence and a number of reasons/legal arguments to be reviewed. The ministry requests the IND to consider these and review the proportionality test again.

Feb. 2022
The IND has re-reviewed the circumstances and reasons and comes to a positive decision, loss of nationality was disproportionate with respect to Ms I. her EU rights and real plans. The ministry considers this advice from the IND and accepts it. The ministry formally decides that loss was disproportionate and therefore Ms I gets her Dutch nationality retrospectively (as if never lost) back. Plan A: Success! Ms I can now finally live and work in the EU as she wanted to as a teenager/minor. She is also looking forward to seeing her family and friends in the Netherlands again.

Passport application to ultimate positive decision 3 years and 4 months
Kris von Habsburg assistance to decision 8.5 months
Kris von Habsburg assistance to appeal 5.5 months
Appeal submission to decision 3 months
Kris von Habsburg total time on this case about 18 hours
Please note that Covid, Ukraine and even Spanish School holidays influenced the durations.