Communicated case against the Netherlands (application no. 31007/20)

Friday, November 6, 2020

The case of Asaad and others versus the Netherlands (application no. 31007/20) concerns a Syrian family of Palestinian origin, consisting of a single mother and two children aged thirteen and nine, whose asylum application was declared inadmissible in the Netherlands because they had been recognised as a refugee and were granted international protection in Greece. Referring to the principle of mutual trust, the Dutch authorities presumed that the Greek authorities would respect their responsibilities vis-à-vis beneficiaries of international protection, and therefore expected the applicant and her children to return to Greece. The applicant complains that she and her children are particularly vulnerable and, therefore, that their return to Greece would be in breach of Article 3 of the ECHR. More specifically, she underlines that they never received a residence permit card in Greece and that, without this card, she and her children do not have access to housing, the labour market, social security/welfare and health care.

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. 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.                               

Access to the labour market
Health (right to)
Inhuman or degrading treatment or punishment