Court: Netherlands rightly refused asylum to Syrian who repeatedly visited home country

The Netherlands rightly rejected the asylum application of a woman who traveled back and forth to Syria at least six times, the Council of State ruled on Wednesday. The Syrian woman left her country of origin for Egypt in 2013, and has traveled back and forth between Egypt and Syria at least six times since then.

“She has always entered and exited legally and under control of the Syrian authorities, and has not encountered any problems,” the Council of State said. That is why the asylum application she submitted in the Netherlands in 2021 could be rejected, the country’s highest administrative court ruled.

The woman appealed the rejection of her asylum application, but the Council of State denied her appeal. In making this decision, the minister responsible for overseeing the situation took more into account than the fact that “the alien has returned to Syria at least six times and has stayed there without any problems.” The verdict said the minister also determined that the woman, given her individual circumstances and the situation in Syria, “does not run a real risk of serious harm upon return.”

The woman has entered and exited the country "legally and under the supervision of the Syrian authorities" on several occasions. She stayed with her parents, who live in an area under the regime of President Bashar al-Assad. She last stayed with her parents between 2019 and the autumn of 2021. During that time, she worked as a teacher. The woman left Syria without permission from the authorities at the end of October, after which she came to the Netherlands and requested asylum in the country.

Another case considered by the Council concerned a woman who was granted a residence permit in 2018 as a subsequent traveler. She traveled back to Syria that same year to care for her sick mother. "During her stay in Syria, the woman gave birth to a child, broke her leg, and her mother passed away." This led to her staying in Syria longer than was initially planned.

The responsible minister may consider that the Syrian "returned to Syria without any problems after an earlier departure." As a result, the minister does not have to automatically assume, unlike usual, that the Syrian is at real risk of serious harm from the regime.

"But not every return to Syria means that there is no realistic risk," said the Council of State. This differs per incident.

Vluchtelingenwerk, which works on trying to get asylum seekers a job, called on the minister to "assume that there is a risk of inhumane treatment for all Syrians when returning to the country."