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21/01/2021
NL: The Court of the Hague ruled on the transfer of a beneficiary of international protection to Romania.

ECLI
ECLI:NL:RBDHA:2021:1155
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP); Eurodac Regulation (Regulation (EU) No 603/2013 on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 and on requests for the comparison with Eurodac data by Member States'
Reference
Netherlands, Court of The Hague [Rechtbank Den Haag], Applicant v State Secretary for Security and Justice (Staatssecretaris van Justitie en Veiligheid), NL20.20490, ECLI:NL:RBDHA:2021:1155, 21 January 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1816
Case history
Other information
Abstract

The applicant is a Syrian national who was born in 2004 and who submitted an asylum application in the Netherlands on 12 September 2020. Eurodac showed that the applicant already submitted an asylum application in Romania on 15 February 2020. On request for information about the applicant’s personal data and residence status, the Romanian authorities replied stating that the applicant was registered as being born in 1998 and he was granted international protection on 20 March 2020. The applicant claimed that the interstate principle of legitimate expectations cannot be assumed for three reasons: the age registration in Romania is incorrect, there are systematic shortcomings in the asylum procedure and reception conditions, and he fears that on return to Romania he would have no place of residence and no source of income which would violate his human dignity.


The Court of the Hague noted that it was established in case law that information from another Member State showing that the foreign national is registered as an adult is sufficient to consider him as an adult in the Netherlands. Additionally, the documents provided by the applicant with regards to his age were not considered credible. The court also noted that the fact that the applicant has been granted international protection in Romania is sufficient as a reason to establish that he has a connection with the country, and it would be reasonable for him to return there. The reports provided by the applicant were not sufficient in establishing that the situation of beneficiaries of international protection in Romania is such to assume that the interstate principle of trust can no longer be assumed. The court ruled against the appeal and upheld the State Secretary decision.


Country of Decision
Netherlands
Court Name
NL: Court of The Hague [Rechtbank Den Haag]
Case Number
NL20.20490
Date of Decision
21/01/2021
Country of Origin
Syria
Keywords
Age assessment
Credibility
Secondary movements
Syria
Unaccompanied minors
Vulnerable Group