Netherlands - Supreme Court, ECLI:NL:HR:2013:BY3151

Court name: Supreme Court
State: Netherlands
Date of decision:
Legal instruments: European Union law
Key aspects: Burden of proof, Country of return, Deportation and removal, Detention, Standard of proof

The applicant faces imprisonment for presence in the Netherlands, after he has been informed that a "declaration of undesirability" has been issued against him. His statelessness claim fails in Court, as his statelessness cannot be plausibly assumed. However, the Court does find that the decision to detain has to be better motivated in light of the EU Returns Directive, ensuring that the processes prescribed by the Directive have been completed.