The Netherlands – Amsterdam Court blocks return of Afghan national due to the dangerous security situation in Kunduz Province

Friday, September 7, 2018

On 7 September, the Administrative Chamber of the Court of Amsterdam decided on the case of an Afghan national, who had fled his country on the grounds of being the target of Taliban groups. A decision by the Secretary for Justice and Security had rejected the applicant’s request to be granted a temporary residence permit, leading the applicant to bring the case before the administrative judicial authorities.

The Administrative Court considered, inter alia, that the domestic authorities denied temporary residence status, without referring to the security situation in the province of Kunduz – the applicant’s region of origin. It noted that since the contested decision was made, updated information on the security situation in Afghanistan had become available, including an official report by the Dutch authorities, as well as the 2018 EASO report and respective guidance note. After examining the reports, the Court decided that the number of security incidents had to be considered as high, despite a decrease in comparison to 2016.

More specifically, it noted that the deterioration of the situation in Kunduz is rather evident, being one of the four provinces with 'very high protection concerns' due to the large number of displaced people and returnees, with IEDs also posing serious dangers. The Court concluded that the security situation in Kunduz is very serious, while the applicant’s age and gender should also be taken into consideration, as he remains a target of interest for Taliban groups recruiting local young men. The Court sent the case back to the domestic authorities for reconsideration according to the appellate judgment’s findings. 

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. 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.




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