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03/07/2019
NL: Council of State rules on new protection grounds raised for first time in appeal

ECLI
ECLI:NL:RVS:2019:2073
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 seat, Decision No 14/26371], 201604484/3/V2. , ECLI:NL:RVS:2019:2073, 03 July 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=939
Case history
Related cases:
Abstract

This is linked to Case C‑652/16, C- 586/17

By order for reference of 4 October 2017, the Division asked the Court of Justice to give a preliminary ruling on the questions asked about the interpretation of the revised Asylum Procedures Directive. The Division thereby suspended the appeal proceedings until the Court of Appeal ruled and held any further proceedings. By judgment of 4 October 2018, Case C‑652/16, the Court answered the questions put by the Administrative Court of Sofia, in Bulgaria. By letter of 8 October 2018, the Registrar of the Court sent the Division the judgment and asked her to indicate whether, in the light of this, she wishes to uphold her request for a preliminary ruling. By letter of 5 November 2018, after hearing the parties in writing, the Division informed the Registrar of the Court that it was withdrawing its request for a preliminary ruling. By order of 15 November 2018, the President of the Court of Justice deleted Case C-586/17 from the Court's register.

 In its rulings of 3 July 2019 the ABRvS dealt with the answers of the Court of Justice. It found that if a third-country national puts a reason for asylum forward for the first time in the appeal proceedings at the district court, the district court must always examine whether this reason for asylum can be included in the appeal proceedings. The district court then examines whether the reason for asylum has been put forward in time and specifically enough so that the district court itself and the Minister for Migration can assess the reason for asylum properly on appeal. If this is not the case and inclusion of the new reason for asylum would unacceptably delay the proceedings, the district court does not have to include the reason for asylum in its handling of the appeal. In that case, the third-country national can submit a new application for asylum.

In the judgment the Court sets two requirements for asylum grounds invoked for the first time in appeal. The obligation to include this in the assessment of the appeal only applies if the asylum grounds have been submitted in time in accordance with national procedural rules and are also sufficiently specific. For example, the precise moment at which and the form in which asylum motives are first brought to the fore in appeal - in the grounds of appeal, for additional grounds of appeal or during the court hearing - are relevant.

Country of Decision
Netherlands
Court Name
NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]
Case Number
201604484/3/V2.
Date of Decision
03/07/2019
Country of Origin
Keywords
Assessment of Application
Asylum Procedures/Special Procedures
Credibility
Second Instance determination
Subsequent Application
RETURN