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05/09/2019
NL: Council of State confirms that not applying the dual control principle in all asylum cases does not contradict with a legal provision or the due care principle.

ECLI
ECLI:NL:RVS:2019:2986
Input Provided By
EUAA Asylum Report
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE;
Reference
Netherlands, Council of State [Afdeling Bestuursrechtspraak van de Raad van State], Applicant v Court of The Hague [Zwolle sitting, Decision NL18.13856 of March 14, 2019], 201902196/1/V2. , ECLI:NL:RVS:2019:2986, 05 September 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=938
Case history
Related cases:
Abstract

IThe foreign national has submitted a subsequent asylum application. The decision on that application was taken on behalf of the State Secretary by the employee of the Immigration and Naturalization Service (hereinafter: the IND) who heard the alien and also issued the intention. The foreign national argues that the objectivity of decision-making is at stake and that the state secretary has acted in violation of the so-called four-eyes principle.

According to the Court,  there is no legal provision stipulating that in asylum cases it is not permitted that one and the same employee of the IND hears the alien, issues the intention and takes the decision. Pursuant to Article 10: 3 (3) of the General Administrative Law Act, a primary decision and a decision on an objection against it cannot be taken by the same person. As the Department has previously considered, the legal history does not provide any clues for the opinion that this article applies analogously to the issuing of an intention and the making of a decision (see the ruling of 14 March 2003, ECLI: NL: RVS: 2003 : AH9817 ). There is no reason to judge differently now.

Contrary to what the foreign national argues, it does not follow either from the Procedural Directive or the due care principle that the four-eyes principle must be applied. In view of the above, and contrary to what the foreign national argues, the District Court has rightly considered that the State Secretary was right to take the view that the circumstance that the same person heard the foreign national, intended to make the decision and made the decision, did not contradict is with a legal provision or the due care principle.

Country of Decision
Netherlands
Court Name
NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]
Case Number
201902196/1/V2.
Date of Decision
05/09/2019
Country of Origin
Keywords
Assessment of Application
Asylum Procedures/Special Procedures
First Instance determination