Legislator Case Law & Legislation
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.

Case Number AWB 99/6481
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The 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 generated

Articles 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 generated
Article 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

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text