This expert advice addresses the question whether Dutch law regarding subsequent asylum procedures and in particular the fact that medical reports are not considered new facts in subsequent asylum procedures is in compliance with international law. It will do so by examining the case law of the European Court of Human Rights (ECtHR) and the…

In the Netherlands, it is recognised that medical reports can provide important evidence that an applicant has been ill-treated in the past. However medical reports submitted in subsequent asylum procedures are often not taken into account in the context of the administrative decision and/or judicial review of this decision. This is due to: the fact that…

J.W. is a Somali national seeking refuge in the Netherlands who faces a potential risk of chain refoulement from Canada to Somalia. A particularity of J.W.’s case is that Canada already once attempted to send him to Somalia, thereby ignoring the view of the UN Human Rights Committee on his case. This Committee found that…

This expert opinion addresses the following topics: assessment of the risk of refoulement in Somalian asylum cases, the internal flight alternative in the context of Article 3 ECHR, internally displaced persons camps in the context of Article 3 ECHR and assessment of the risk of refoulement upon return to al-Shabaab territory Expert Opinion Migration Law…