EGMR: Forthcoming hearing on 25 January 2017 – Grand Chamber hearing in the case Garib v. the Netherlands (no. 43494/09) [“Wohnsitzauflage” bei Sozialleistungsbezug]

EGMR: Forthcoming hearing on 25 January 2017 – Grand Chamber hearing in the case Garib v. the Netherlands (no. 43494/09) [“Wohnsitzauflage” bei Sozialleistungsbezug]

21. Dezember 2016 by Klaus Kohnen

The applicant, Ms Rohiniedevie Garib, is a Netherlands national who was born in 1971. She is a single mother of two whose sole source of income is social welfare.

Ms Garib settled in the Tarwewijk district of Rotterdam in 2005, having previously lived outside the Rotterdam Metropolitan Region. She was subsequently asked by the owner of the property which she was renting to vacate the place, as he wished to renovate it for his own use. He offered to let to her another property in the same area, to which she agreed, given that the new flat was bigger and more suitable for her and her two young children.

In the meantime, the Tarwewijk district of Rotterdam – an area of high unemployment – had been designated under the Inner City Problems (Special Measures) Act as an area in which taking up new residence was only possible with a housing permit. Ms Garib duly lodged a request for such a permit in March 2007. Her request was refused by the authorities on the grounds that she had not been a resident in the Rotterdam Metropolitan Region for the six years immediately preceding the introduction of her request. Moreover, since her income was not from work, she did not meet the income requirement that would have qualified her for an exemption from the length-of-residence requirement.

Ms Garib’s objection against that decision was dismissed by the city authorities and, in April 2008, the Regional Court dismissed her appeal ...

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