The applicant, Syrian minor of 16 years old, submitted an application for international protection in the Netherlands but the State Secretary rejected it as inadmissible on 24 October 2018 because the applicant was granted international protection (subsidiary protection) in Hungary on 12 June 2018. The applicant contested the decision and alleged that the State Secretary only assessed the case by referring to a potential risk of violation of the Article 3 ECHR but the determining authority did not take into his interests as a minor in the overall assessment and did not evaluate the best interest of the child as provided by Article 24 EU Charter.
The Council of State allowed the appeal and found that the State Secretary in its decision of 24 October 2018 acknowledged, based on various reports, that Hungarian schools do not offer support to beneficiaries of protection, that it is difficult to find accommodation and access healthcare. Moreover, it was mentioned that Hungary ended integration support and allowances for beneficiaries of protection since 1 June 2016. However, it was noted that the applicant could apply for protection or assistance with the Hungarian authorities, included to be assigned a guardian but this information is not consistent with all other information and overall it was assessed that status holders in Hungary have a peculiar situation especially due to lack of support from the Hungarian authorities. The Council of State annulled the decision and the State Secretary had to decide again on the asylum application.
For more information please consult our