Netherlands: Council of State allows return to Italy of beneficiary who had residence permit expired

Date: 
Tuesday, May 9, 2017

On 9 May 2017, the Dutch Council of State ruled in favour of the State Secretary and quashed a previous decision by the Court of Appeal of The Hague which had obliged the State Secretary to reconsider an inadmissibility decision.

The case concerns a beneficiary of subsidiary protection who was granted protection in Italy and who had his residence permit expired on 8 May 2016. Since the Italian authorities had agreed that the beneficiary could return to Italy, the State Secretary had considered that he would be able to apply for a new residence permit and would continue to enjoy international protection. The Court of Appeal disagreed and stated that there can only be enforceable subsidiary protection if the person has a residence permit since this protects individuals against removal.
 
However, the Council of State stated that, on the basis of Articles 18 and 24 of the Qualification Directive and the CJEU’s decision in H.T. v Land Baden-Wurttenberg, subsidiary protection and residence permit are to be distinguished and that the expiration of the residence permit does not mean that subsidiary protection ceases to apply.



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Keywords: 
Residence document
Return
Subsidiary Protection