Case summaries
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)
Netherlands - District Court Amsterdam, 7 August 2009, AWB 08/8710
Country of applicant:
Afghanistan
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.
Date of decision:
07-08-2009
Relevant International and European Legislation:
1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 1F,Art 2 (k),Art 7.1,Art 39.3 (b),EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,(c),1.,Article 13,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 13