According to Dutch policy and case law the fact that there are ‘serious reasons for considering’ a person guilty of crimes defined in Article 1F Refugee Convention implies that his personal conduct is deemed forever to constitute a ‘genuine, present and sufficiently serious threat affecting one of the fundamental interests of society’ in the meaning…
This expert opinion examines whether the Council of State violates EU law (the right to an effective remedy and fair trial guaranteed by Article 47 of the EU Charter) when it refuses to refer a preliminary question to the CJEU without stating reasons for that decision.In a judgment of 5 March 2015 the Dutch Council of…
This expert opinion examines whether stateless Palestinians can in practice return to Lebanon, Jordan and the Palestinian territories. Furthermore it assesses which rights stateless Palestinians can claim in the Netherlands by virtue of their non-removability and regardless of their lack of a legal residential status. MLC_report stateless Palestinians_final april 2016
On 1 January 2014 the revised Aliens Employment Act (Wet arbeid vreemdelingen or Wav) entered into force establishing more restrictive conditions for allowing low skilled third country nationals (TCNs) to work in the Netherlands. The most important change was that the minimum period for a migrant to obtain free access to the labour market was extended…
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…
