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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 : 11/12/2019
Type : Judgment
ECLI : ECLI:NL:RVS:2019:4105
Case Number/Citation/ Document Symbol : 201900219/1/V2.

Applcant vs Court of The Hague [Decision NL18.7978 of 18 December 2018]

The woman, known as an LGBTI activist in Surinam, did not obtain an asylum residence permit from the Minister for Migration in March 2018. She had asked for the residence permit in the Netherlands because, in her own words, she runs a risk in Surinam because of her transsexuality. A previous appeal to the court against rejection of the permit failed, after which the woman appealed to the ABRvS. 

The woman experienced various drastic occurrences in Surinam. For instance, she was threatened, by the police among others, and was the victim of several instances of sexual violence committed by government officials as well as civilians. The District Court did not review whether these were 'acts of persecution', as defined by international refugee law. The District Court wrongly failed to examine whether these different infringements on the woman’s rights were sufficient together to consider fear of persecution on returning to Surinam realistic, and whether she can return to Surinam. The court should indeed have done so. Those occurrences can actually be reason to grant her protection in the Netherlands. 

BThe ABRvS refers the case back to the District Court to deliberate again on the substance of the case and include this ruling of the ABRvS in its assessment. 

Assessment of Application; Country of Origin Information; Credibility; Second Instance determination; Sexual Orientation; Vulnerable Group;

Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC;

EASO Annual Report on the Situation of Asylum in the EU

Netherlands,NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]], Applcant vs Court of The Hague [Decision NL18.7978 of 18 December 2018], 11/12/2019, ECLI:NL:RVS:2019:4105
NL: Council of State refers case to District Court to rule again on asylum for a Surinamese transgender

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=935