ECLI:NL:RBSGR:1999:AA8871
ECLI:NL:RBSGR:1999:AA8871
AI generated
Administrative court dismisses detention appeal but awards damages for unlawful deprivation of liberty.
Netherlands (NL)
Legislator summary
AI generatedThe court declared the detention appeal against the alien's custody under Article 26 of the Aliens Act admissible and granted the request for damages. Although the detention was found unlawful due to insufficient information regarding travel document processing times, the court did not order its immediate release. Instead, it awarded the alien compensation for each day spent in custody and ordered the state to cover legal costs.
Legislator headnote
AI generatedArticle 26, first paragraph, letter a of the Aliens Act; Article 8:68 and Article 8:75 of the General Administrative Law Act: The court must reopen proceedings if evidence is incomplete and may award damages for unlawful deprivation of liberty even if the measure is not lifted immediately.
Keywords
AI generated
unlawful deprivation of liberty
administrative detention appeal
damages for custody
incomplete administrative investigation
state liability for detention
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