Netherlands: Hague District Court – Dublin Transfer Not in the Best Interest of the Minor

Date: 
Thursday, June 9, 2016
In an interim judgment of 9 June 2016, the Hague District Court ruled that the State Secretary of Security and Justice failed to consider the individual circumstances of the asylum application of a child by rejecting his application based on the Dublin Regulation.

The application of an Afghan minor, who claimed asylum in the Netherlands, was rejected because the child had previously applied for asylum in Germany. The child had entered both Germany and the Netherlands accompanied by his so-called aunt and uncle. The minor later clarified that his ‘uncle’ was in fact the son of the cousin of his aunt. As several problems had arisen between the child and the family, the child was taken away from the family and placed under the guardianship of NIDOS, the organisation responsible for fulfilling the guardianship task for unaccompanied asylum seeking children.

The child claimed that his ‘aunt and uncle’ should not be considered his family. As his ‘aunt and uncle’ had in the same manner been transferred to Germany, the applicant argued that the German authorities would reunite the family notwithstanding their difficult relationship. This would clearly not be in the best interest of the child.  

The Hague District Court held that the ‘aunt and uncle’ could be considered family members per article 2 (h) of the Dublin Regulation. Nevertheless, the Court considered it sufficiently credible that the minor had been placed under the guardianship of NIDOS due to severe family problems. It would therefore be undesirable for the minor to be reunited with his ‘aunt and uncle’ when transferred to Germany. For this reason, the Hague District Court held that the Secretary for Safety and Justice had failed to consider the individual circumstances of the minor.

The Court obliged the Secretary for Safety and Justice to further investigate the individual circumstances of the minor’s transfer to Germany. In particular, it should investigate to what extent the minor would be forced to reunite with his family. 

Based on an unofficial translation by the ELENA Weekly Legal Update.


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.

                                                     

 

Keywords: 
Best interest of the child
Dublin Transfer
Family reunification
Request to take back
Unaccompanied minor