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22/05/2019
NL: The Council of State overturns inadmissible decision based on difficulties of status holders in Hungary to access school, accommodation and healthcare

ECLI
ECLI:NL:RVS:2019:1612
Input Provided By
EUAA IDS
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
EU Charter of Fundamental Rights ;
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), No 201810042/1/V3, ECLI:NL:RVS:2019:1612, 22 May 2019. 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=730
Case history
Related cases:
Abstract

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.

Country of Decision
Netherlands
Court Name
NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]
Case Number
No 201810042/1/V3
Date of Decision
22/05/2019
Country of Origin
Syria
Keywords
Assessment of Application
Dublin procedure
Minor / Best interests of the child
Secondary movements
Syria