Cassation at Supreme Court Afghan 1F case unfortunately lost

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October 2, 2020
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In 2014, PILP organized a brainstorming session with lawyers who have dealt with the issue of the Afghan 1F, NJCM members and the 1F Foundation. Attorney Eertink came up with the plan to conduct proceedings to come out to the Court of Justice on this issue. This can normally only be done through preliminary questions, asked by a national court, but the Council of State has always blocked this. This is a big problem, because Eertink believed that based on an earlier ruling on 1Fs (in a case against Germany) there could be a lot of room at the Court of Justice. The idea would be to sue the state for the State Council’s refusal to refer preliminary questions to the ECJ.

After not being vindicated on appeal and on further appeal, we appealed on April 15, 2019 in the case concerning the Afghan 1Fs and access to EU law and the EU Court of Justice. The court’s ruling was unfortunately upheld by the Supreme Court on October 2, 2020.

Unfortunately, the Supreme Court barely addressed our arguments, which had been vigorously and extensively argued in cassation by the lawyers of De Brauw Blackstone Westbroek. The Supreme Court also declined to ask preliminary questions itself. We regret this outcome. We still think that this group of Afghans who have been living in limbo in the Netherlands for decades is not being handled correctly. We also regret that there are now still unanswered EU law questions. It would have been in the interest of the Afghans and the state to submit these questions to the Court in Luxembourg.

We are now considering possible next steps.

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