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15/03/2023
NL: The Court of the Hague (seated in Groningen) rejected an appeal from Syrian national who contested inadmissibility decision and return to Bulgaria where he held subsidiary protection.

ECLI
ECLI:NL:RBDHA:2023:3312
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights (ECHR)
Reference
Netherlands, Court of The Hague [Rechtbank Den Haag], Applicant v State Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid), ECLI:NL:RBDHA:2023:3312, 15 March 2023. 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=3372
Case history
Other information
Abstract

The applicant, a status holder in Bulgaria has applied for international protection in the Netherlands. The applicant is a Syrian national and was registered as an adult in Belgium and Bulgaria following a bone examination. The application was rejected as inadmissible because of status held in Bulgaria since 2 April 2021. The applicant contested the decision and claimed, based on the AIDA report 2022, that he would be exposed to a risk of inhuman or degrading treatment.


The Court of the Hague rejected the appeal and found that the applicant’s allegations were unfounded. The court noted that he received subsidiary protection on 2 April 2021 and a passport valid from 13 May 2021 to 9 April 2024, and the applicant did not adduce any evidence to prove that he does not enjoy protection or that it was withdrawn. The court stated that the applicant has demonstrate that the interstate principle of mutual trust cannot be assumed. Moreover, the court noted that the applicant left Bulgaria soon after receiving protection, namely in May 2021 and he did not try to find work in Bulgaria or to seek support from the organisations and agencies that support refugees.


Country of Decision
Netherlands
Court Name
NL: Court of The Hague [Rechtbank Den Haag]
Case Number
Date of Decision
15/03/2023
Country of Origin
Syria
Keywords
Secondary movements