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30/10/2024
NL: The Council of State ruled that applicants for temporary protection cannot be placed in detention at the border on the grounds of Article 6(3) of the Vw 2000.
30/10/2024
NL: The Council of State ruled that applicants for temporary protection cannot be placed in detention at the border on the grounds of Article 6(3) of the Vw 2000.

ECLI
ECLI:NL:RVS:2024:4292
Input Provided By
EUAA Information and Analysis Sector (IAS)
Type
Judgment
Original Documents
Relevant Legislative Provisions
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection / Council Implementation Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced persons from Ukraine; Recast Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection)(recast RCD) and/or RCD 2003/9/CE
Reference
Netherlands, Council of State [Afdeling Bestuursrechtspraak van de Raad van State], Applicants v The Minister for Asylum and Migration (de Minister van Asiel en Migratie), BRS.24.000105, ECLI:NL:RVS:2024:4292, 30 October 2024. 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=4633
Case history
Other information
Abstract

Two Ukrainian nationals arrived by plane at Schiphol airport on 6 March 2024 and requested temporary protection at the external border, invoking the Temporary Protection Directive.


The Minister for Asylum and Migration detained the applicants on the basis of Article 6(3) of the Vw 2000. The applicants argued that they should not have been detained given that they applied for temporary protection, however, the District Court of The Hague, sitting in Haarlem dismissed their appeal on 29 March 2024.


The Council noted that according to its previous case law, Article 6(3) of the Vw 2000 transposes Article 8(1)(c) of the recast Reception Conditions Directive (RCD). The Council elaborated that as stipulated in Article 3(3) of the recast RCD, the directive does not apply where the Temporary Protection Directive is applicable. Thus, the Council ruled that the Minister may not place Ukrainians who invoke temporary protection in border detention on the basis of Article 6(3) of the Vw 2000 since it transposes Article 8(1)(c) of the recast RCD which is not applicable for applicants of temporary protection.


The Council concluded that the border detention was unlawful and deemed the appeal well founded.
Country of Decision
Netherlands
Court Name
NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]
Case Number
BRS.24.000105
Date of Decision
30/10/2024
Country of Origin
Ukraine
Keywords
Border procedures
Detention/ Alternatives to Detention
Temporary protection