Title | Applicant v. State Secretary for Security and Justice, 201805022/1/V2 |
Publisher | Netherlands, The: Council of State (Raad van State) |
Publication Date | 4 October 2018 |
Country | Iraq | Netherlands |
Topics | Credibility assessment | Evidence (including age and language assessments / medico-legal reports) |
Citation / Document Symbol | ECLI:NL:RVS:2018:3243 |
Cite as | Applicant v. State Secretary for Security and Justice, 201805022/1/V2, ECLI:NL:RVS:2018:3243 , Netherlands, The: Council of State (Raad van State), 4 October 2018, available at: https://www.refworld.org/cases,NTL_COS,5bc473c54.html [accessed 6 October 2022] |
Comments | an investigation into the origin of a foreign national is the responsibility of the state secretary and is not limited to a language analysis. If a language analysis does not provide a definitive answer about the origin of the applicant, but the State Secretary maintains his position that an alleged origin is not credible, he will have to motivate this. The State Secretary has, and wrongly, not been able to assess the credibility of the applicant's statement that she has been living indoors for 15 years. He also wrongly failed to respond to the report by Buro Kleurkracht that supports her story. The State Secretary has therefore not soundly substantiated that the origin of the applicant is not credible. |
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