Netherlands: Council of State calls for re-assessment of return of beneficiary of international protection to Hungary

Monday, May 20, 2019

On 20 May 2019, the Council of State published a decision in an appeal against an ordered transfer of a child to Hungary, where he is a beneficiary of international protection. The Council ruled that the case must be re-assessed in light of the situation for child beneficiaries of international protection in Hungary.

The applicant, a Syrian national, is 16 years old and was granted international protection in Hungary in June 2018. In July 2018, he submitted an application for asylum in the Netherlands and on 24 October 2018, his application was found to be inadmissible by the Secretary of State for Justice and Security ('the Secretary of State').

In the appeal, the applicant submitted that although his return to Hungary was considered by the Secretary of State under Article 3 of the European Convention on Human Rights, it failed to take into account the best interests of the child under Article 24 (2) of the Charter of Fundamental Rights.

In the initial examination of the case on 24 October 2018, the Secretary of State recognised that international protection applicants in Hungary face difficulties in accessing healthcare, housing and education. However, it was held that beneficiaries of international protection are not fully dependent on Hungarian authorities since, in principle, beneficiaries are expected to build independent lives.

In reviewing the appeal, the Council of State found that the examination of the situation in Hungary failed to take into account the particular circumstances of a 16-year-old child. It acknowledged that Hungary stopped support for the integration of beneficiaries on 1 June 2016, and that there are particular obstacles to accessing education, including, inter alia,the end of financial support from the government. While it recognised a letter from the Hungarian authorities stating that the child would be appointed a guardian upon return, it found such assurances insufficient in light of the difficult position of beneficiaries of international protection in the country, in particular for children. The Council of State annulled the decision of 24 October 2018, and ordered a new decision be made by the Secretary of State.  

The EWLU would like to thank Germa Lourens for bringing our attention to the case. Based on an unofficial translation.

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.

Best interest of the child
Child Specific Considerations
Individual assessment