A Moroccan woman flees her brother with her three children, but the Netherlands sends her back to Spain

The woman, born in 1992 and of Moroccan nationality, had submitted an asylum application in the Netherlands with her three minor children, born in 2014, 2017 and 2019. But the Dutch authorities refused to examine their case, considering that Spain was responsible under the Dublin Regulation.

On March 4, 2026, the Spanish authorities had agreed to take back the mother and her children. Two weeks later, on March 18, the Dutch Ministry of Asylum and Migration therefore decided not to process their application.

The Moroccan woman challenged this decision before the Hague District Court. In particular, she argued that the reception conditions for asylum seekers in Spain presented sufficiently serious problems to prevent their transfer.

On Bladi.net : A Moroccan requests asylum because he wants the largest share of the inheritance: Spain says no

But her main argument was much more personal. According to the decision of the Hague District Court, she claims to be threatened by her own brother and says she fears for her life if she has to return to Spain. Family threats have already been invoked by Moroccans seeking asylum in Spain.

Her brother allegedly has friends in Spain

The mother explains that, in her view, the proximity between Spain and Morocco increases the danger. She also claims to have many followers on social media, which would make it possible to recognize and find her quickly.

Her brother would also have friends in Spain who could locate her. To support her fears, the Moroccan woman also claims that the Spanish police allegedly failed to protect her brother’s ex-wife.

Finally, she believes that another move would have consequences for her three children. They now attend school in the Netherlands, are learning Dutch and have allegedly regained a certain degree of stability after a particularly trying period.

The Dutch government acknowledges that the situation described is difficult, but considers that nothing demonstrates that the Spanish authorities would be unable to protect the family. A protection issue that is already at the heart of other cases in which Moroccans have claimed to be threatened after leaving Morocco.

The court follows this reasoning. The judges acknowledge that the Moroccan woman feels in danger because of the threats attributed to her brother, but note that she has provided no evidence demonstrating that the Spanish police or courts could not or would not help her.

Her brother’s threats may precisely be invoked as part of her asylum application in Spain. And if she believes that the Spanish authorities are failing to meet their obligations, she may bring the matter before the competent administrations or courts in the country.

Regarding the children, the court accepts that they do not wish to move yet again and that they have regained a certain degree of stability in the Netherlands. But their presence in the country is still relatively recent, and no specific evidence makes it possible to establish that a transfer to Spain would seriously harm their development.

On Bladi.net : The courts rule in his favor in the Netherlands, then order him to return to Morocco anyway

The Moroccan woman’s appeal was therefore declared unfounded on September 1. Her request to temporarily prevent the transfer was also rejected. The decision, published on September 2, allows the Netherlands to uphold its refusal to examine the asylum application and to transfer the mother and her three children to Spain.