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Netherlands
Country of Decision : Netherlands
Court Name : NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]]
Date of decision : 22/05/2019
Type : Judgment
ECLI : ECLI:NL:RVS:2019:1612
Case Number/Citation/ Document Symbol : No 201810042/1/V3

Applicant (Syria) vs State Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid)

This is the case of a Syrian minor who submitted an application for the granting of a temporary asylum residence permit in The Netherlands. The State Secretary declared the application inadmissible by decision of 24 October 2018, because Hungary granted international protection to the alien on 12 June 2018. A departure obligation has also been imposed on the foreign national. 

The alien complains in grievances 1 and 2 that the court only assessed the decision against Article 3 of the ECHR, but did not address his professional grounds that the State Secretary did not explicitly take his interests as a minor alien into account in his assessment, while the interests of the child should be an essential consideration (Article 24, paragraph 2, of the EU Charter).

For more information on the case, please refer to the original document included below. 

Assessment of Application; Dublin procedure; Minor; Syria;

EU Charter of Fundamental Rights ;

EASO IDS

Netherlands,NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]], Applicant (Syria) vs State Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid), 22/05/2019, ECLI:NL:RVS:2019:1612
NL: The Council of State ruled against the transfer of a Syrian minor to Hungary and on the need of re-assessment of his asylum application.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=730