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Netherlands
Country of Decision : Netherlands
Court Name : NL: Court of The Hague [Rechtbank Den Haag]
Date of decision : 28/06/2019
Type : Judgment
ECLI : NL:RBDHA:2019:6493
Case Number/Citation/ Document Symbol : NL18.8324 and NL18.8326 T

Applicants (Nigeria) vs State Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid)

Dublin transfer of families with children to Italy. The Court intends to appoint UNHCR as an expert because further investigation is needed into the facts and circumstances of the care of families with children.

It is not disputed that the minor children of claimants can be considered vulnerable within the meaning of the Tarakhel judgment. Nor is it disputed that, in the event of a transfer to Italy, claimants will no longer be accommodated in a SPRAR location under the Salvini decree, but in a CAS or CARA reception location.

In the opinion of the Court, the defendant is still required to request and obtain guarantees as referred to in the Tarakhel judgment from the Italian authorities before a family with minor children can be transferred under the Dublin Regulation. In addition, the defendant could not suffice with the mere reference to the general guarantees in the circular letter from the Italian authorities of 8 January 2019, since it does not indicate under what conditions families with minor children will be taken care of and how the care offered in the CAS or CARA reception locations in Italy meet the special needs of minor children.

The Court considers that there is no concrete information about the current reception locations. The court cannot adequately fulfill its judicial task in the present case if it does not have access to specific facts and circumstances under which families with children are cared for after they have been transferred.

The Court therefore considers that further (representative) investigation is indicated for the actual care provided by Italy to families with children in the various CAS and CARA reception locations.

The applicant expressly stated at the hearing that he is not prepared to conduct further investigation into the facts and circumstances under which families with children come after transfer. In view of this, the court intends to officially proceed to appoint an expert on the basis of Article 8:47 of the General Administrative Law Act (Awb). The court considers the UNHCR to be the most suitable organization to conduct this investigation and will address this to the UNHCR by separate letter.

Dublin procedure; Nigeria; Reception/Accommodation; Vulnerable Group;

Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP);

EASO IDS

Netherlands,NL: Court of The Hague [Rechtbank Den Haag], Applicants (Nigeria) vs State Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid), 28/06/2019, NL:RBDHA:2019:6493
NL: Court of The Hague intends to appoint UNHCR as an expert because further investigation is needed into the facts and circumstances of the care of families with children transferred to Italy.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=789