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EDAL case summaries

The Netherlands - District Court The Hague, 5 August 2016, AWB 16/12222

Country of Decision: Netherlands
Country of Applicant: Syria
Keywords: Assessment of facts and circumstances, Burden of proof, Inadmissible application, Indirect refoulement, Real risk, Right to remain pending a decision (Suspensive effect), Safe third country, Stateless person

A decision by the State Secretary for Security and Justice (the “State Secretary”) of the Netherlands will be in violation of: (i) Article 3.37e of the Foreigners Regulation 2000 if such decision, regarding whether a country qualifies as a safe third country, is not based on several information sources; and/or, (ii) Articles 3.2 and 3.46 of the Dutch General Administrative Law Act on the basis that all decisions of the State Secretary are required to (a) be carefully prepared and (b) include a decisive motivation.
Date: 05-08-2016

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