This Expert Opinion argues that the question whether Article 34 of the QD precludes a Dutch law implementing ‘the obligation to pass the integration exam successfully within a period of three years, under pain of a fine’ needs to be answered in the positive. At the outset, Article 34 of the QD contains a strict…
This expert opinion addresses the withdrawal of nationality of persons who fled Rwanda during or afterthe genocide in 1994 and obtained an asylum status and subsequently Dutch nationality in theNetherlands. The decisions to withdraw nationality are based on an individual report (individueelambtsbericht) of the Dutch Ministry of Foreign Affairs, which provides information about the allegedinvolvement…
This Opinion addressed the interpretation of Article 31(3)(b) of the Asylum Procedures Directive by answering three questions referred for preliminary ruling by the Administrative Jurisdiction Division of the Council of State. Question 1a concerns the manner in which ‘simultaneously’ submitted requests for international protection must be interpreted. The Opinion concludes that Article 31(3)(b) of…
This Expert Opinion addressed the legality of the sanction imposed on asylum seekers who used potsand spoons to generate noise during their protest against their living conditions in a reception centrein the Netherlands. The imposed sanction consisted in the withdrawal of their weekly allowance(€12.95/week) during a period of four weeks. This Opinion focuses on the…
According to Article 14(4)(b) of the Qualification Directive, a refugee may be deprived of protection status if “he or she, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community”. This open wording prompted Member States to set widely divergent requirements for the revocation of refugee status,…
During its era of colonisation, the Dutch territory expanded east to the Dutch East Indies (now Indonesia) and West to Suriname and the Netherlands Antilles, colonising Suriname in 1667. Prior to decolonisation, ‘all inhabitants of the Kingdom of the Netherlands were of Dutch nationality’. Suriname declared independence in 1975. Those on the newly independent territory…
Migration Law Clinic 