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Asylum Procedure versus Human Rights: Obstacles to Later Statements or Evidence in the Light of the European Convention on Human Rights

Document number
1200
Date
2004
Title
Asylum Procedure versus Human Rights: Obstacles to Later Statements or Evidence in the Light of the European Convention on Human Rights
Author/publisher
Joukje van Rooij, UvA
Availability
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Document type(s)
Research/Study/Analysis,
Keywords
The 1997 EU Resolution on unaccompanied minors who are nationals of third Countries, European Convention On Human Rights, Netherlands, Migrant rights; Migration management; Comprehensive approach to migration; Migration policy; Human Rights approach, Integrated approach; EU instruments; International Human Rights Law,
Summary
Since 1 April 2001, the Raad van State is authorized to take cognisance of disputes in appeal in asylum cases. Since then, the question has arisen whether certain judgments by the Raad van State are in accordance with all the treaty obligations of the Netherlands. This is particularly the case in instances like the one mentioned above, in which an applicant speaks of his or her traumatic experiences after the Minister’s decision to reject the application, to demonstrate that expulsion to the country of origin would be in breach of Article 3 of the European Convention on Human Rights. The Raad van State strictly applies Article 4:6 of the Algemene wet bestuursrecht (hereafter Awb), Article 83 of the Aliens Act 2000 and Article 3.119 of the Aliens Decree 2000 and considers these articles applicable in cases in which facts could and therefore should have been adduced at an earlier stage. Hence these facts are not included in the judgment and further research on the possible violation of the Convention will not take place. This book focuses on the question to what extent the application of Article 4:6 of the Awb, Article 83 of the Aliens Act 2000 and Article 3.119 of the Aliens Decree 2000 results in a judgment allowing the expulsion in violation of the absolute prohibition of Article 3 and/or Article 13 of the Convention. Chapter one provides an overview of the Dutch asylum procedure, in which a distinction is made between the regular asylum procedure and the accelerated procedure in the application centres, the so-called AC-procedure. Subsequently, chapter 2 discusses Article 4:6 of the Awb, Article 83 of the Aliens Act 2000 and Article 3.119 of the Aliens Decree 2000 with the relevant jurisprudence. In the chapters three and four an answer will be given to the question to what extent these Dutch articles violate Article 3 respectively Article 13 of the Convention, on the basis of some leading judgments of the European Court of Human Rights.
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