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17/09/2021
NL: The Council of State concluded to no reasonable prospects of deportations to Algeria and allowed appeal against detention decision of the applicant

ECLI
ECLI:NL:RVS:2021:2092
Input Provided By
EUAA IDS
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, 202102278/1/V3., ECLI:NL:RVS:2021:2092, 17 September 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=2161
Case history
Other information
Abstract

The applicant, Algerian national, had appealed against the decision of the State Secretary to detain him in order to secure his deportation to his country of origin and pending the issuance of the laissez passer document from the Algerian authorities. The Council of State allowed the appeal and found that there is currently no prospectus of deportation of third country nationals to Algeria. The Council of State mentioned that for already over a year since the applicant has been detained, no Algerian nationals have been deported and Algeria stopped issuing laisser-passer documents for a year. Moreover, there is no Algerian consul in the Netherlands that could issue such document and the airspace of Algeria is quite large, thus the Council of State held that the State Secretary did not justify and did not provide sufficient clarity over the situation and possible improvements in order o render deportations feasible. For these reasons, the Council of State concluded that deportation to Algeria has no prospects within a reasonable period of time.


Country of Decision
Netherlands
Court Name
NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]
Case Number
202102278/1/V3.
Date of Decision
17/09/2021
Country of Origin
Algeria
Keywords
Detention/ Alternatives to Detention
Return/Removal/Deportation
Other Source/Information
Raad Van State