Case Law
- Australia: Refugee Review Tribunal 1
- Council of Europe: European Commission on Human Rights 12
- Council of Europe: European Committee of Social Rights 4
- Council of Europe: European Court of Human Rights 75
- European Union: Court of Justice of the European Union 33
- Germany: Verwaltungsgericht 1
- International Court of Justice (ICJ) 1
- Netherlands, The: Amsterdam District Court 1
- Netherlands, The: Council of State (Raad van State) 42
- Netherlands, The: Supreme Court (Hoge Raad) 2
- Netherlands, The: The Hague Court of Appeal 1
- Netherlands, The: The Hague District Court 28
- UN Committee Against Torture (CAT) 14
- UN Committee on the Elimination of Discrimination Against Women (CEDAW) 1
- UN Human Rights Committee (HRC) 15
- United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority 1
- United Kingdom: Court of Appeal (England and Wales) 2
- United States Court of Appeals for the Eleventh Circuit 1
- United States Court of Appeals for the Ninth Circuit 1
- 1951 Refugee Convention 5
- Abduction 2
- Access to procedures 6
- Acts contrary to the purposes and principles of the United Nations 1
- Administrative law 1
- Appeal / Right to appeal 2
- Arbitrary arrest and detention 5
- Armed forces / Military 1
- Armed groups / Militias / Paramilitary forces / Resistance movements 4
- Article 1D 3
- Assyrians 1
- Asylum-seekers 5
- Burden-sharing and international co-operation 3
- Cessation clauses 1
- Chaldean 1
- Children's rights 5
- Children-at-risk 2
- Christian 2
- Citizenship / Nationality law 3
- Complementary forms of protection 5
- Confidentiality 1
- Country of origin information (COI) 8
- Coup d'état 1
- Credibility assessment 18
- Crimes against humanity 2
- Criminal justice 8
- Decision on admissibility 25
- Denial of nationality 2
- Denial of refugee status 1
- Deportation / Forcible return 27
- Discrimination based on race, nationality, ethnicity 1
- Domestic violence 2
- EU Qualification Directive 8
- Economic, social and cultural rights 3
- Effective protection 1
- Effective remedy 10
- Evidence (including age and language assessments / medico-legal reports) 15
- Exclusion clauses 19
- Exhaustion of domestic remedies 4
- Expulsion 30
- Extradition 2
- False documents 3
- Family reunification 22
- Female genital mutilation (FGM) 2
- Freedom from torture, inhuman and degrading treatment 31
- Freedom of expression 2
- Freedom of speech 2
- Fresh / New claim 2
- Gender-based persecution 4
- Genocide 3
- Grounds for persecution 1
- HIV and AIDS 1
- Habitual residence 1
- Hazara 1
- Housing, land and property rights (HLP) 3
- Human rights and fundamental freedoms 3
- Human rights law 3
- Humanitarian protection (including tolerated stay) 1
- Illegal entry 2
- Illegal immigrants / Undocumented migrants 5
- Immigrants 1
- Immigration Detention 9
- Immigration law 3
- Internal armed conflict 4
- Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) 10
- Internally displaced persons (IDPs) 1
- International Covenant on Civil and Political Rights (ICCPR) 1
- International courts and tribunals 2
- Involuntary repatriation 1
- Jurisdiction 2
- Koreans 1
- Kosovar 1
- Law of the sea 1
- Lesbian, gay, bisexual, transgender and intersex (LGBTI) 15
- Livelihoods 3
- Mental health 3
- Migrant rights 2
- Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription 3
- Multiple nationality 1
- Muslim 1
- National security / Public order 7
- Non-refoulement 15
- Non-state agents of persecution 1
- Opposition 2
- Palestinian 6
- Persecution based on political opinion 10
- Persecution of family members 3
- Persecution on the basis of sexual orientation or gender identity 9
- Political parties 1
- Post-traumatic stress disorder (PTSD) 2
- Proof of nationality 4
- Prosecution vs persecution 4
- Prostitution / Commercial sex work 1
- Public health 2
- Racial / Ethnic persecution 4
- Reception 6
- Refoulement 18
- Refugee / Asylum law 1
- Refugee identity documents 1
- Refugee status determination (RSD) / Asylum procedures 7
- Refugees 2
- Refugees sur place 1
- Regional instruments 13
- Rejected asylum-seekers 7
- Religious discrimination 1
- Religious persecution (including forced conversion) 5
- Residence permits / Residency 14
- Return conditions 3
- Right to a nationality 1
- Right to education 1
- Right to family life 28
- Right to justice 4
- Right to liberty and security 5
- Right to life 2
- Right to return 2
- Right to seek asylum 1
- Rights of non-citizens 2
- Roma 1
- Rule of law / Due process / Procedural fairness 6
- Safe country of origin 4
- Safe third country 8
- Security forces 1
- Security situation 3
- Serious non-political crime 2
- Sexual and gender-based violence (SGBV) 1
- Sharia law 1
- Shia 1
- Sikh 1
- Sinhalese 1
- Social group persecution 6
- Somalis 1
- Spontaneous return 2
- Standard of proof 1
- State protection 1
- Statelessness 7
- Statelessness Determination Procedures 1
- Sunni 1
- Suspensive effect 1
- Tajik 1
- Tamil 1
- Terrorism 4
- Torture 4
- Trafficking in persons 1
- Transgression of social / cultural norms 1
- Travel documents 1
- Treaties / Agreements / Charters / Protocols / Conventions / Declarations 3
- UNRWA 3
- Unaccompanied / Separated children 11
- Visas 3
- War crimes 4
- Well-founded fear of persecution 3
- Witnesses 3
- Women's rights 1
- Women-at-risk 2
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L.G. tegen Staatssecretaris van Justitie en Veiligheid, verzoek om prejudiciele beslissing, C‑745/21
16 February 2023 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Children's rights | Countries: Lithuania - Netherlands - Syrian Arab Republic |
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X v. Staatssecretaris van Justitie en Veiligheid Case C‑69/21
The Court adopted the view that a return decision or removal order does not infringe the right to respect for the private life of a third-country national concerned on the sole ground that, if he or she were returned to the receiving country, that national would be exposed to the risk that his or her state of health deteriorates, where such a risk does not reach the severity threshold required under Article 4 of the Charter. Nonetheless, the Court ruled that the national's state of health and the care received must be considered by the competent national authority, along with other relevant factors (such as social ties, dependency, and health fragility), when determining whether the national's right to respect for private life precludes removal. 22 November 2022 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2008 Returns Directive (EU) | Topic(s): Border controls - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Right to health | Countries: Netherlands - Russian Federation |
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cases nos. 202106573/1 and 202105784/1
6 July 2022 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Refoulement | Countries: Denmark - Netherlands - Syrian Arab Republic |
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Decision 202102939/1/V3
State Secretary for Justice and Security must investigate whether transferring aliens to Croatia on the basis of the European Dublin Regulation is contrary to the European Convention on Human Rights (ECHR). 13 April 2022 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Legal Instrument: 2013 Dublin III Regulation (EU) | Countries: Croatia - Egypt - Netherlands |
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Decision 202101105/1/V1
3 January 2022 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Article 1D - Palestinian - Refugee status determination (RSD) / Asylum procedures - Statelessness - UNRWA | Countries: Iraq - Netherlands |
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Case of M.J. v. The Netherlands (Application no. 49259/18)
In view of the above, the Court notes that the risk of the applicant being expelled and, potentially, being exposed to a risk of treatment in breach of Article 3, has now, at least temporarily, been removed. Moreover, the Court finds that the complaints under Article 13 and on the procedural requirements of Article 3 in the present case are in essence inextricably connected to the proposed expulsion of the applicant (see Nasseri v the United Kingdom (dec.), no. 24239/09, § 18, 13 October 2015, and J.W. v. the Netherlands (dec.), no. 16177/14, § 32, 27 June 2017). In these circumstances, the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1 (c)). Moreover, it is satisfied that respect for human rights, as defined in the Convention and the Protocols thereto, does not require a continuation of the application by virtue of Article 37 § 1 in fine. Accordingly, the application should be struck out of the list. 21 October 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Human rights law - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Refugee status determination (RSD) / Asylum procedures | Countries: Afghanistan - Netherlands |
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Decision 202102077/1/V2
4 August 2021 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) | Countries: Netherlands - Nigeria |
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Decisions 202005934/1 and 202006295/1
28 July 2021 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Livelihoods - Return conditions | Countries: Greece - Netherlands - Syrian Arab Republic |
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Decision 202006295/1/V3 and decision 202005934/1/V3
28 July 2021 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Livelihoods - Return conditions | Countries: Greece - Netherlands - Syrian Arab Republic |
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Decision 202004766/1/V1
14 July 2021 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Article 1D - Exclusion clauses - Palestinian - Security situation - Statelessness - UNRWA | Countries: Netherlands - Palestine, State of |
