Netherlands

July 2021 | Publisher: European Union: European Asylum Support Office (EASO) | Document type: Thematic Reports

On those grounds, the Court (Third Chamber) hereby rules: 1. Article 40(2) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, read in conjunction with Article 4(2) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, must be interpreted as precluding national legislation under which any document submitted by an applicant for international protection in support of a subsequent application is automatically considered not to constitute a ‘new element or finding’, within the meaning of that provision, when the authenticity of that document cannot be established or its source objectively verified. 2. Article 40 of Directive 2013/32, read in conjunction with Article 4(1) and (2) of Directive 2011/95, must be interpreted as meaning, first, that the assessment of the evidence submitted in support of an application for international protection cannot vary according to whether the application is a first application or a subsequent application and, second, that a Member State is required to cooperate with an applicant for the purpose of assessing the relevant elements of his or her subsequent application, when that applicant submits, in support of that application, documents the authenticity of which cannot be established.

10 June 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Credibility assessment - Refugee status determination (RSD) / Asylum procedures | Countries: Afghanistan - Netherlands

4 June 2021 | Judicial Body: Netherlands, The: The Hague District Court | Document type: Case Law | Topic(s): Article 1D - Palestinian - UNRWA | Countries: Lebanon - Netherlands - Palestine, State of

12 May 2021 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | Topic(s): Religious persecution (including forced conversion) | Countries: Iran, Islamic Republic of - Netherlands

8 April 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

A reassessment of Mongolia as a safe country of origin for an LGBTI asylum-seeker did not meet Dutch law standards.

7 April 2021 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) | Countries: Mongolia - Netherlands

The maintenance by a determining authority of a Member State of a practice whereby original documents can never constitute new elements or findings for the purposes of a subsequent asylum application if the authenticity of those documents cannot be established is incompatible with Article 40(2) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, read in conjunction with Article 4(2) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted. There is no difference between copies of documents or documents originating from a non-objectively verifiable source submitted by an applicant in a subsequent application in so far as all documents have to be considered carefully and rigorously on an individual basis in order to ascertain whether they significantly add to the likelihood that the applicant qualifies as a beneficiary of international protection and in order to prevent a person from being expelled if he or she faces an individual and real risk of being subjected to treatment contrary to Article 19(2) of the Charter of Fundamental Rights of the European Union. 2. Article 40 of Directive 2013/32, read in conjunction with Article 4(2) of Directive 2011/95, cannot be interpreted as permitting a determining authority of a Member State, when assessing documents and assigning probative value to such documents, to distinguish between documents submitted in an initial application and those submitted in a subsequent application. A Member State, when assessing documents in a subsequent application, is obliged to cooperate with the applicant to the same extent as in the initial procedure.

11 February 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Fresh / New claim - Refugee / Asylum law | Countries: Afghanistan - Netherlands

1. Article 6(1) of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, read in conjunction with Article 5(a) of that directive and Article 24(2) of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that, before issuing a return decision against an unaccompanied minor, the Member State concerned must carry out a general and in-depth assessment of the situation of that minor, taking due account of the best interests of the child. In this context, that Member State must ensure that adequate reception facilities are available for the unaccompanied minor in question in the State of return. 2. Article 6(1) of Directive 2008/115, read in conjunction with Article 5(a) of that directive and in the light of Article 24(2) of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that a Member State may not distinguish between unaccompanied minors solely on the basis of the criterion of their age for the purpose of ascertaining whether there are adequate reception facilities in the State of return. 3. Article 8(1) of Directive 2008/115 must be interpreted as precluding a Member State, after it has adopted a return decision in respect of an unaccompanied minor and has been satisfied, in accordance with Article 10(2) of that directive, that that minor will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the State of return, from refraining from subsequently removing that minor until he or she reaches the age of 18 years.

14 January 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2008 Returns Directive (EU) | Topic(s): Children's rights - Deportation / Forcible return - Reception - Unaccompanied / Separated children | Countries: Guinea - Netherlands

11 January 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country News

28 December 2020 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Topic(s): Citizenship / Nationality law - Statelessness | Countries: Netherlands