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15/04/2022
NL: The Court of the Hague confirmed negative decision for a Georgian applicant who did not substantiate that his country can not be considered safe

ECLI
ECLI:NL:RBDHA:2022:3684
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Recast Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) (recast APD) and/or APD 2005/85/CE
Reference
Netherlands, Court of The Hague [Rechtbank Den Haag], Applicant v State Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid), NL22.1958, ECLI:NL:RBDHA:2022:3684, 15 April 2022. 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=2883
Case history
Other information
Abstract

The case concerned an application for international protection submitted by a Georgian applicant, of Ossetian ethnicity, who claimed to have been subject to discrimination against due to his ethnicity, that he was often insulted and threatened by neighbours. The State Secretary rejected the application as manifestly unfounded. Although it found credible the identity, nationality, origins and problems of the applicant due to his Ossetian ethnicity as credible, the determining authority underlined that the applicant could seek protection from national authorities and that he did not prove that Georgian authorities are unwilling or unable to offer adequate protection for him.


The Court of the Hague rejected the appeal and confirmed the findings of the State Secretary. In addition, the court stated that the applicant did not adduce evidence to demonstrate that his livelihood would be severely limited or tat he would find himself in an impossibility to enjoy social life in Georgia as a result of issues related to his ethnicity. The court also noted that the applicant was provided with identity documents, driving license, that he could travel without ay hindrance in and outside Georgia and all these facts do not indicate that the applicant would have major issues in Georgia.,


The court has also noted that the applicant did not make it plausible that he could not request support from higher authorities in Georgia in case of any issues related to his ethnicity or that the authorities would be unable or unwilling to help him.


Country of Decision
Netherlands
Court Name
NL: Court of The Hague [Rechtbank Den Haag]
Case Number
NL22.1958
Date of Decision
15/04/2022
Country of Origin
Georgia
Keywords
Country of Origin Information
Safe Country concept/Safe Country of Origin/ Safe third country