Communicated on 16 October 2020
Published on 2 November 2020
FOURTH SECTION
Application no. 31007/20
Alaa ASAAD and Others
against the Netherlands
lodged on 27 July 2020
SUBJECT MATTER OF THE CASE
The application concerns a family of Palestinian origin from Syria consisting of a single mother and two children aged thirteen and nine. The applicant’s asylum application was declared inadmissible because according to the Dutch authorities she had been recognised as a refugee and was granted international protection by the Greek authorities. Referring to the principle of interstate trust (interstatelijk vertrouwensbeginsel) the Dutch authorities assumed that the Greek authorities would abide by their responsibilities vis-à-vis beneficiaries of international protection, and therefore expected the applicant and her children to return to Greece. The applicant, who emphasises that she, as a single mother, and also her young children are particularly vulnerable, complains that their return to Greece will be in breach of Article 3 of the Convention. They have never received a residence permit card in Greece, without which, so the applicant claims, she and her children will not have access to housing, the labour market, social security/welfare and health care. They claim that the outcome of the application procedure for a residence permit card is uncertain and may take up to several months, during which time they will be forced to live on the streets without access to said services.
QUESTIONS TO THE PARTIES
1. In the light of the applicant’s claims and the documents which have been submitted, would she and/or her children face a risk of being subjected to treatment in breach of Article 3 of the Convention if returned to Greece?
2. Before deciding on the family’s return, did the Dutch authorities consider the applicant’s claim that they would be exposed to a risk of being subjected to inhuman treatment if returned to Greece? In particular, did the Dutch authorities consider whether they possessed sufficient assurances so that, if returned, the applicant’s family would be awarded residence permit card(s) and have access to housing, the labour market, social security/welfare and health services?
FACTUAL QUESTIONS TO THE GREEK GOVERNMENT
1. Do the Greek authorities still consider the applicant a beneficiary of international (refugee) protection at this moment?
2a. If the reply to the first question is affirmative, what procedure does the applicant – as a beneficiary of said international protection – have to follow in order to be issued a residence permit card from the Greek authorities (for her and her children)?
2b. Could the applicant apply to be issued a residence permit card from the territory of the Netherlands?
2c. If the applicant must apply for a residence permit card on Greek territory, how long will the procedure take, and will she be entitled and able to have access to housing, the labour market, social welfare/security and health services in the meantime?
2d. Besides having been granted international protection status, are there any other requirements for the issuance of a residence permit card?
Full & Egal Universal Law Academy