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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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A. and S. v. Staatssecretaris van Veiligheid en Justitie, C 550/16

Article 2(f) of Directive 2003/86/EC of 22 September 2003 on the right to family reunification, read in conjunction with Article 10(3)(a) thereof, must be interpreted as meaning that a third-country national or stateless person who is below the age of 18 at the time of his or her entry into the territory of a Member State and of the introduction of his or her asylum application in that State, but who, in the course of the asylum procedure, attains the age of majority and is thereafter granted refugee status must be regarded as a ‘minor’ for the purposes of that provision.

12 April 2018 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Family reunification - Unaccompanied / Separated children | Countries: Eritrea - Netherlands

Applicant v. State Secretary for Security and Justice

Whether the general security situation in Afghanistan, in particular in Ghazni, is so bad that the applicant cannot return for that reason: Although the security situation in some provinces is more worrisome than in others, the situation in Afghanistan is not as such that a citizen who is not at all connected to one of the warring parties merely because of his presence there runs a real risk of a threat referred to in Article 29, first paragraph, preamble and under b, part 3, of the Vw 2000

21 March 2018 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Countries: Afghanistan - Netherlands

State Secretary for Security and Justice (Appellant) v. X, 201703038/1/V1

Asexuality cannot be considered as falling within the LGBTI group for which an exception is made with regard to Algeria as safe country of origin, para 4.1

21 March 2018 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Safe country of origin | Countries: Algeria - Netherlands

Rechtbank Den Haag, 24-01-2018 / AWB - 17 _ 13382

articles 5 and 7(1)(h) 2005 Regulation on benefits for asylum seekers and other categories of foreigners contrary to EU law

12 March 2018 | Judicial Body: Netherlands, The: The Hague District Court | Legal Instrument: 2013 Recast Asylum Procedures Directive (EU) | Topic(s): Exhaustion of domestic remedies - Reception | Countries: 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

Opinion of Advocate General Sharpston: Mossa Ouhrami

18 May 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2008 Returns Directive (EU) | Topic(s): Deportation / Forcible return - Illegal entry - Illegal immigrants / Undocumented migrants | Countries: Algeria - Netherlands

Opinion of Advocate General Sharpston: K v. Staatssecretaris van Veiligheid en Justitie

4 May 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Recast Reception Conditions Directive (EU) | Topic(s): Illegal entry - Illegal immigrants / Undocumented migrants - Immigration Detention | Countries: Iran, Islamic Republic of - Netherlands

Mohamed Rabbae, A.B.S and N.A. v.The Netherlands

29 March 2017 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Effective remedy - Religious discrimination | Countries: Morocco - Netherlands

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