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05/04/2022
NL: The Council of State ruled on the policy related to safe countries of origin.

ECLI
ECLI:NL:RVS:2022:985
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, Council of State [Afdeling Bestuursrechtspraak van de Raad van State], Applicant v State Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid), 202101901/1/V2, ECLI:NL:RVS:2022:985, 05 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=2903
Case history
Other information
Abstract

On 5 April 2022 the Council of State ruled that specific groups within a country can either be completely excluded from the designation of safe country of origin or not. Until this ruling was delivered, the Netherlands could opt to pay special attention to specific groups that did not completely meet the threshold to be completely excluded from the safe country of origin designation. Therefore, the accelerated procedure in Track 2 still applied. With this new ruling, all groups that were previously paid special attention to in Track 2 were then completely excluded from the safe country of origin designation.


Country of Decision
Netherlands
Court Name
NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]
Case Number
202101901/1/V2
Date of Decision
05/04/2022
Country of Origin
Georgia
Keywords
Accelerated procedures
Safe Country concept/Safe Country of Origin/ Safe third country