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Netherlands
Country of Decision : Netherlands
Court Name : NL: Court of The Hague [Rechtbank Den Haag]
Date of decision : 19/10/2020
Type : Judgment
ECLI : NL: RBDHA: 2020: 10437
Case Number/Citation/ Document Symbol : NL20.15181, NL20.15183, NL20.15188 and NL20.15194

Applicants (Syria) v State Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid)

Syria

NL: The Court of The Hague ruled that Bulgaria does not offer proper integration facilities to beneficiaries of international protection

The applicants are a woman with four (now) adult children, from Syria, who left their country of origin in 2013, 2014 or 2015. They lodged applications for international protection in Bulgaria on 10 May 2017 and they were granted refugee status in Bulgaria on 11 August 2017. They lodged applications for international protection in Germany on 27 September 2017, which were declared inadmissible on 10 November 2017 due to the fact that they already enjoyed international protection in Bulgaria. In April 2020, they were sent by Germany to Bulgaria and on 26 June 2020, they entered the Netherlands. On 27 June 2020, they submitted applications for a temporary asylum residence permit. The State Secretary dismissed their applications as inadmissible because they had been granted international protection in Bulgaria. The applicants argue that they cannot obtain an identity document in Bulgaria because they have no accommodation and cannot get accommodation because they cannot obtain an ID. They also add that Bulgaria has no integration facilities for permit holders.

The court concluded with regard to Bulgaria that it is real and foreseeable that the applicants will not be able to obtain proof of identity and therefore access to housing and other rights will be legally and factually impossible. It further held that the Bulgarian authorities have for seven consecutive years made no effort to provide integration facilities and that having to exercise rights that a status holder has is made almost impossible for every foreign national. The court concluded that, although Bulgarian authorities intended to support the applicants at the time of granting international protection, from the information submitted about the legal and factual position of beneficiaries in Bulgaria, a different picture appears regarding this attitude of the Bulgarian authorities towards permit holders. In addition, the court held that that permit holders in Bulgaria do not have access to social housing (only Bulgarian nationals have such access) and the legal impossibility of obtaining an identity document makes it impossible to access private housing.

Assessment of Application; Asylum Procedures/Special Procedures; Dublin procedure; Effective remedy; Reception/Accommodation; Refugee Protection; Syria; Torture or inhuman or degrading treatment or punishment ;

EU Charter of Fundamental Rights ; European Convention on Human Rights;

EASO IDS

Netherlands, Court of The Hague [Rechtbank Den Haag], Applicants (Syria) v State Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid), NL20.15181, NL20.15183, NL20.15188 and NL20.15194, NL: RBDHA: 2020: 10437, 19 October 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1246