Case summaries
Netherlands - ABRvS, 25 June 2012, 201103520/1/V3
Country of applicant:
Bosnia and Herzegovina
An asylum application within the meaning of the Asylum Procedures Directive, Article 2, introductory paragraph and Article 2(b), has been made if a foreigner notifies the authorities that he would like to apply for asylum. The provision of the Foreigners Act under which a foreigner who has been declared undesirable has no right to remain is in breach of Article 7 of the Asylum Procedures Directive.
Date of decision:
25-06-2012
Relevant International and European Legislation:
Art 32,Art 7,Art 34,Art 2 (c),Article 3,Article 6
Netherlands - ABRvS, 4 October 2011, 201102753/1/V3
Keywords:
Effective access to procedures, Detention, Procedural guarantees, Responsibility for examining application
Right to remain arises the moment an alien indicates he would like to be granted asylum. This means that an alien, from that time onwards, cannot be refused access to the territory; he may be refused only 'further access', in other words 'actual further entry' to the territory.
Date of decision:
04-10-2011
Relevant International and European Legislation:
Art 35,Art 2 (k),Art 7.1,Art 2 (b),Art 2 (c),(b),(c)