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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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CASE OF S.A. v. THE NETHERLANDS (Application no. 49773/15)

Relying on Article 3 (prohibition of inhuman or degrading treatment) and Article 13 (right to an effective remedy), the applicant complained that if removed to Sudan he would be at risk of forced recruitment, persecution because he belonged to a non-Arab ethnic group from Darfur, and more generally, on account of the humanitarian situation in Sudan as a result of the conflict in Darfur. No violation of Article 3 – in the event of the applicant’s removal to Sudan No violation of Article 13 taken together with Article 3

2 June 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Racial / Ethnic persecution - Rule of law / Due process / Procedural fairness | Countries: Netherlands - Sudan

CASE OF A.S.N. AND OTHERS v. THE NETHERLANDS (Applications nos. 68377/17 and 530/18)

Art 3 ECHR • Expulsion • No risk of ill-treatment in case of removal of Afghan Sikhs to Afghanistan • Adequate assessment of the risks by the domestic authorities • No compelling humanitarian grounds against removal. See also joint partly dissenting opinion on the assessment by the domestic authorities of the foreseeable consequences of the applications to Afghanistan.

25 February 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures - Sikh | Countries: Afghanistan - Netherlands

Opinion of Advocate General Bot: A.S. v. Staatssecretaris van Veiligheid en Justitie

16 November 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Family reunification - Refugee status determination (RSD) / Asylum procedures - Right to family life - Unaccompanied / Separated children | Countries: Netherlands

K. v Staatssecretaris van Veiligheid en Justitie

14 September 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Immigration Detention - Proof of nationality - Reception - Refugee status determination (RSD) / Asylum procedures - Right to liberty and security | Countries: Iran, Islamic Republic of - Netherlands

M.M. and Others v. The Netherlands

Linked applications: 26268/09, 33314/09 and 53926/09

19 June 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Decision on admissibility - Effective remedy - Freedom from torture, inhuman and degrading treatment - Right to family life - Rule of law / Due process / Procedural fairness | Countries: Afghanistan - Netherlands

Jeunesse v. the Netherlands

3 October 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Right to family life | Countries: Netherlands - Suriname

L. v. the Netherlands

1 June 2004 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Right to family life | Countries: Netherlands

I.M. v. the Netherlands

25 March 2003 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Decision on admissibility - Family reunification | Countries: Cape Verde - Netherlands

Ebrahim and Ebrahim v. the Netherlands

18 March 2003 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Decision on admissibility - Family reunification - Palestinian - Right to family life - Statelessness | Countries: Lebanon - Netherlands

Javeed v. the Netherlands

3 July 2001 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Decision on admissibility - Family reunification | Countries: Netherlands - United Kingdom of Great Britain and Northern Ireland

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