Syrians who received asylum in Denmark before applying for it in the Netherlands may be sent back to Denmark without further investigations, the Council of State (CoS), a Dutch governmental advisory board, ruled on Wednesday.
The ruling reversed a verdict from last year, in which the CoS had stated that the State Secretary for Justice and Security needs to legitimise his or her reasons for retransfers of Syrians back to Denmark on a case-by-case basis due to the country’s stricter asylum laws.
“There is no longer an obvious and fundamental difference between the Danish and Dutch protection policies for Syrians. As a result, the foreign national does not run a real risk of indirect refoulement if he has to return to Denmark,” the advisory body stated in its verdict.
“The State Secretary may assume in advance that all member states of the EU provide effective and equal protection of the fundamental rights in the EU Charter, the Refugee Convention and the ECHR,” it added in an accompanying press release.
The CoS based its verdict on reliable information it had received from Danish authorities, who no longer regard the Damascus region as safe and reject all ties with the Syrian regime, including the repatriation of Syrian refugees.
The case had been brought up by a Syrian refugee who had received asylum in Denmark prior to again applying in the Netherlands. He contested the denial of his request in the Netherlands and looming retransfer to Denmark by voicing concerns about the latter’s stricter migration policy, fearing he may be forced to return to Syria where he could be apprehended by authorities.
The verdict comes just as the Dutch election campaign for the upcoming national elections is revving up, with migration being one of the dominating topics after the previous cabinet fell due to insurmountable differences concerning the country’s policy on the topic.
(Benedikt Stöckl | EURACTIV.com)
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