AWB 99/6481
ECLI:NL:RBSGR:1999:AA6474
AI generated
Detention dismissed due to lack of deportation prospects; damages awarded for unlawful pre-22 July custody.
Legislator summary
AI generatedThe court declared the detention unlawful from July 22, 1999, because no flight to Yugoslavia existed, and ordered its immediate termination. While the initial custody was deemed legal, the defendant failed to prove continued deportation prospects, leading to a finding of illegality for the subsequent period. Consequently, the court awarded damages for the unlawful detention and ordered the state to cover legal costs.
Legislator headnote
AI generatedArticles 26, first paragraph, letter a of the Aliens Act; Article 8:68 of the General Administrative Law Act: Detention requires a sufficient prospect of deportation; if this prospect vanishes, continued detention is unlawful and entitles the detainee to damages.
Keywords
AI generated
Aliens Act detention
deportation prospect
unlawful custody damages
administrative procedure
procedural reopening
Cited Legislation
AI generatedArticle 26, first paragraph, letter a of the Aliens Act
Article 8:68 of the General Administrative Law Act
Article 8:75 of the General Administrative Law Act
Articles 449 and 451a of the Code of Criminal Procedure
artikel 8:68 van de Algemene wet bestuursrecht
artikel 8:75 van de Awb
artikel 26 van de Vw