Armenian Milena still hidden in the attic, no breakthrough residence permit

Almost a year ago we saw Milena (15) in hiding for the first time in an attic room in West Friesland. A poignant image that caused a media storm: a demonstration and parliamentary questions. After several discussions with the Immigration and Naturalization Service (IND), Milena has not made any progress in her process. She hoped for a meeting with State Secretary Eric van der Burg, but that never happened. As a result, her situation regarding her residence permit remains unclear and she is still hiding in the attic.

Milena (15) has been waiting for a definitive answer from the IND for more than three years – NH Nieuws / Tom de Vos

She knows one thing for sure: “I want to build a future in the Netherlands.” Not long ago, the reports about Milena’s situation were still hopeful. Thanks to Member of Parliament Jasper van Dijk (SP), a motion accepted. In that motion, the government is requested to review the policy for the ‘Closing arrangement’.

By adopting this motion, matters such as Milena’s will be reassessed and about thirty children will still receive a residence permit in the Netherlands. But because Milena has been back to Armenia in the past, she is not eligible for this.

40,000 times

When Eliza Chupieva, Milena’s lawyer, hears that Milena is not eligible for this, she loses heart for a moment. Fortunately, she can still fall back on the petition, which has been signed more than 40,000 times.

Petition

A petition is one of the most direct ways to make it clear to MPs how society can be improved. A petition is a proposal to nominate a subject for consideration by the House of Representatives. It is aimed at the creation, amendment or withdrawal of a legal regulation or the government policy to be pursued.

Because Milena’s petition has been signed more than 40,000 times, Milena’s case will be presented to State Secretary Eric van der Burg (Asylum and Migration). However, despite several attempts, Chupieva has still not heard anything from the state secretary, who forwarded the petition through the ministry. “When I call they tell me to send an email,” said Chupieva. “I’ve done that several times, but we’re just totally ignored.”

Letter to Secretary of State

Milena, who has lived in the Netherlands for almost her entire life, has had enough and will write an open letter to the State Secretary this summer. “In my letter I described my situation”, Milena looks back. “That I’ve been waiting for four years and that I can’t continue to build my future in the Netherlands in this way.”

A few days later, Milena receives a response to her letter: ‘As Secretary of State I cannot comment on this’. “I was quite disappointed and surprised when I read this,” Milena says sadly. “How can someone with such a big role mean nothing to me?”

No more recourse to ‘discretionary power’

Since 1 May 2019, foreign nationals such as Milena can no longer invoke the so-called ‘discretionary power’ of the State Secretary. Instead, the IND will from now on check in every first application whether there is a dire situation.

Discretionary Power
In Dutch administrative law, a discretionary power is a power that grants an administrative body the freedom to a greater or lesser extent to take a decision at its own discretion in specific cases.

Milena during her demonstration – NH Nieuws/Tom de Vos

Milena is therefore at her wits’ end. “We are still waiting and in the meantime I do nothing. It is too big a risk to leave the attic. I can’t go to the beach or get an ice cream. Life is very boring at the moment.”

On the case of Milena

The 14-year-old Milena has been in hiding with her family in West Friesland for more than three years. Her family comes from Armenia and has lived in the Netherlands for twelve years, but does not receive a residence permit. They are afraid to go back, because the father of the family there fears for his life. They were exhausted in 2018. According to Chupiev, the asylum application did not meet the right conditions at the time.

The family returns to Armenia in the same year, but within a month they flee to Russia because it is too unsafe. The situation in Russia is also dire, after which the family will return to the Netherlands in 2019. Since then they have been hiding in an attic in West Friesland.

The hope was that if her asylum application was approved, the whole family would be allowed to stay. But due to several rejections from the IND, the focus has completely shifted to the petition and this is the last option to continue living in the Netherlands.

Watch the report that NH Nieuws made with Milena last August:

Milena has been hiding in the attic for two years – NH Nieuws

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