Burden / standard of proof / Country of origin information (COI)

1. The Court of Justice of the European Union has jurisdiction, on the basis of Article 267 TFEU, to interpret Article 11(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification in a situation such as that at issue in the main proceedings, where a national court is called upon to rule on an application for family reunification lodged by a beneficiary of subsidiary protection, if that provision was made directly and unconditionally applicable to such a situation under national law. 2. Article 11(2) of Directive 2003/86 must be interpreted as precluding, in circumstances such as those at issue in the main proceedings, in which an application for family reunification has been lodged by a sponsor benefiting from subsidiary protection in favour of a minor of whom she is the aunt and allegedly the guardian, and who resides as a refugee and without family ties in a third country, that application from being rejected solely on the ground that the sponsor has not provided official documentary evidence of the death of the minor’s biological parents and, consequently, that she has an actual family relationship with him, and that the explanation given by the sponsor to justify her inability to provide such evidence has been deemed implausible by the competent authorities solely on the basis of the general information available concerning the situation in the country of origin, without taking into consideration the specific circumstances of the sponsor and the minor and the particular difficulties they have encountered, according to their testimony, before and after fleeing their country of origin.

13 March 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Complementary forms of protection - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Family reunification | Countries: Eritrea - Netherlands

29 December 2015 | Publisher: Netherlands, The: Council of State (Raad van State) | Document type: Bilateral Treaties/Agreements

20 June 2014 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Country of origin information (COI) - Non-refoulement - Persecution based on political opinion - Tamil | Countries: Netherlands - Sri Lanka

31 July 2012 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | Topic(s): Appeal / Right to appeal - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Fresh / New claim - Gender-based persecution - Grounds for persecution - Regional instruments - Transgression of social / cultural norms | Countries: Netherlands - Somalia

2011 | Publisher: Hungarian Helsinki Committee | Document type: Legal Articles/Analyses/Commentaries

1 June 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Country of origin information (COI) - Expulsion - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Refugees - Right to family life | Countries: Congo, Democratic Republic of the - Netherlands

Admissibility decision.

17 November 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Expulsion - Freedom from torture, inhuman and degrading treatment - Rejected asylum-seekers - Terrorism | Countries: Mauritania - Netherlands

UNHCR intervened in this case.

31 January 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Credibility assessment - Effective remedy - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Residence permits / Residency | Countries: Iran, Islamic Republic of - Netherlands

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

11 January 2007 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Country of origin information (COI) - Expulsion - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Racial / Ethnic persecution | Countries: Netherlands - Somalia