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19/01/2021
NL: The Council of State ruled on return and found that Afghan applicant with medical condition has available and adequate treatment in his country of origin

ECLI
ECLI:NL:RVS:2021:90
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Netherlands, Council of State [Afdeling Bestuursrechtspraak van de Raad van State], Applicant v State Secretary for Justice and Security, 202002134/1/V2., ECLI:NL:RVS:2021:90, 19 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=2124
Case history
Other information
Abstract

The applicant, Afghan national, applied against the decision of the State Secretary to return him and requested based on Article 64 of the Aliens Act 2000 that his deportation not to be implemented. The applicant request was rejected, and he appealed further before the administrative court which overturned the contested decision. The State Secretary appealed before the Council of State. It was noted that the applicant is dependent on medical care and the State Secretary alleged that the treatment is available in Afghanistan as indicated by the expert report of the Medical Advice Bureau (BMA) of 18 February 2019.


The Council of State allowed the appeal and stated that the BMA clearly specified in its report that the necessary medical treatment is available in Afghanistan, including the drug ‘Quetiapine’ is available there and the applicant can be treated as needed.
Country of Decision
Netherlands
Court Name
NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]
Case Number
202002134/1/V2.
Date of Decision
19/01/2021
Country of Origin
Afghanistan
Keywords
Country of Origin Information
Medical condition
Return/Removal/Deportation