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

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.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.



Residence document
Subsidiary Protection