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*Law of Aliens

Published on September 6th, 2018 | by Georgia Archonti

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Netherlands: national authorities wrongly applied Returns Directive instead of Dublin III Regulation in case of absconding

On 29 June 2018, the Council of State ruled in case 201800622/1/V3, which concerned an appeal brought by an Albanian national against the District Court decision’s not to annul the return decision and entry ban imposed on him. The applicant applied for asylum in Belgium in December 2017 and travelled to the Netherlands, where he was stopped by the police, detained and subjected to a return decision followed by an entry ban. The applicant claimed that the national authorities had wrongly applied the Returns Directive instead of the Dublin III Regulation in his specific case.

The Council of State concurred with the applicant and ruled that the District Court had failed to recognise that his case fell under the Dublin III Regulation. The Council of State differentiated this case from case no. 201800522/1/V3, in which it ruled that, since the applicant in that case had been given an explicit opportunity to apply for asylum in the Netherlands and had stated his wish not to do so, his application in France could be considered withdrawn.

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