Legislator Case Law & Legislation
ECLI:NL:RBSGR:2001:AB1925 ECLI:NL:RBSGR:2001:AB1925 AI generated

Court dismisses refugee claim and preliminary injunction request due to lack of compelling humanitarian reasons.

Case Number ECLI:NL:RBSGR:2001:AB1925
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court rejected the applicants' request for a preliminary injunction to delay deportation pending the review of their asylum objections. The applicants had previously failed to qualify as refugees and were denied residence permits, while the State argued that no compelling humanitarian grounds existed for their stay. The court found no evidence that deportation to Germany would violate Article 3 of the ECHR or require a residence permit under Article 15b of the Aliens Act.

Legislator headnote

AI generated

Article 8:81 Awb; Article 15b first paragraph letter a Aliens Act; The court may grant a preliminary injunction only if urgent circumstances exist, but in cases where deportation is not in violation of Article 3 ECHR and no compelling humanitarian reasons are present, the request must be dismissed.

Keywords

AI generated
preliminary injunction deportation to Germany compelling humanitarian reasons Article 3 ECHR Aliens Act Article 15b asylum applicant procedural delay

Cited Legislation

AI generated
Article 8:81 of the General Administrative Law Act (Awb)
Article 15b, first paragraph, letter a of the Aliens Act (Vw)
Article 3 of the European Convention on Human Rights (EVRM)
Article 33b of the Aliens Act (Vw)
artikel 8:81 Algemene wet bestuursrecht
artikel 33b Vw
artikel 3 EVRM

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