Latest News

Netherlands: Council of State rules on the use of a Eurodac result issued by another EU Member State

Friday, September 23, 2016

On 1 September 2016, the Council of State ruled on the use of information – an Eurodac result – provided by other Member States. In the present case, the State Secretary had declared an asylum application inadmissible as the asylum seeker already enjoyed international protection in Greece.

Grand Chamber strikes out Khan v. Germany (no. 38030/12), [Article 8], 21 September 2016

Wednesday, September 21, 2016

On 21 September 2016, the Grand Chamber of the European Court of Human Rights decided to strike out the application in the case Khan v. Germany (no. 38030/12). The case concerned an expulsion order against a Pakistani national living in Germany, who had committed a murder in Germany in a state of mental incapacity. 

Netherlands: District Court - Total time limit of Dublin Transfer maximum 18 months

Tuesday, August 23, 2016

On 23 August 2016, the District Court of The Hague ruled on the time limit of Dublin transfers per Article 29(2) of the Dublin III Regulation.

Latest Cases

Country of Decision: Spain , Country of Applicant: Kazakhstan , Keywords: Assessment of facts and circumstances, Effective remedy (right to), Protection , Date of Decision: 23-02-2015

The Supreme Court declared that the National High Court erred when annulling the decision of the General Sub-Directorate for Asylum (Ministry of Interior) to reject the Appellant’s request for international protection. The National High Court annulled the decision but did not consider the Appellant’s core claim: the request for international protection.

As the National High Court was in possession of all necessary facts required to decide on the substance of the request by the Appellant for international protection, it should have been able to determine as such. As a result, the Supreme Court upheld the appeal.

Country of Applicant: Sudan , Keywords: Country of origin information, Female genital mutilation, Inhuman or degrading treatment or punishment, Non-state actors/agents of persecution, Political Opinion, Real risk, Refugee Status , Date of Decision: 07-06-2016

The return of a third country national woman or girl to a country where female genital mutilation is traditionally practised is not a breach of Art. 3 of the Convention where her family (including her possible husband) has the will and the possibility to ensure that she will not be subjected to that practice. 

Country of Applicant: Somalia , Keywords: Detention, Persecution (acts of), Refugee Status, Return, Subsidiary Protection , Date of Decision: 22-09-2015

Deprivation of liberty as allowed by art. 5.1(f) of the Convention not only has to be with a view to deportation, but it also has to be in compliance with national law, and free from arbitrariness.

The submission of an asylum application does not as such imply that detention is no longer with a view to deportation.

About EDAL

The European Database of Asylum Law (EDAL) is an online database co-ordinated by the European Council on Refugees and Exiles (ECRE) and a compilation of summaries of refugee and asylum case law from the courts of 19 EU Member States, the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The summaries are published in English and in the relevant Member State’s national language.

For more information please see here.

If you are interested in contributing an article on a relevant subject to the EDAL blog or would like to inform us about an important national judgment, please kindly send an email to Amanda Taylor ( or Julia Zelvenska (