Case summaries
When protection grounds are invoked only after a decision on removal becomes final, these shall be deemed admissible. On any appeal, the Migration Court or the Migration Court of Appeal cannot take into account such factors that could be the basis for granting a residence permit unless (for example, family links or humanitarian reasons) they are based on protection grounds.
In order for an expulsion order to be immediately enforced it must be clear that the applicant is not at risk of persecution or similar treatment in the country of origin.
This case concerned whether the provisions of the Reception Conditions Directive apply to subsequent asylum applications (fresh claims) as with initial claims for asylum. It was confirmed that that the provisions do apply.
If re-examination of a case under the Aliens Act Chapter 12 Section 19 (provides for re-examination of a claim on the presentation of information supporting a need for international protection) has been granted, the Migration Board cannot deny a residence permit without an oral healing having been held.
It is in violation of Art 13 of the ECHR (Right to an Effective Remedy) in conjunction with Art 3 of the ECHR (Prohibition of Torture) that the applicant may not await the court’s decision on his request for a temporary injunction against his expulsion in the Netherlands, even though he has an arguable claim under Art 3 of the ECHR. Further that Art 39 of the Procedures Directive is not correctly implemented in Dutch law.