The Dutch justice system rules in his favor, then orders him to return to Morocco anyway

The man, born in 1986 and a Moroccan national, applied for asylum on February 21, 2026. He cited, among other things, his homosexuality, fears related to his father and uncles in a family context, as well as issues related to military service.

On Bladi.net : article 123031

On June 24, the Dutch authorities had declared his application manifestly unfounded. This refusal was accompanied by a return decision and a two-year ban on entering the Netherlands. The Moroccan man then brought the case before the court in The Hague.

And the judge did in fact rule in his favor on an important part of the case. In its decision of August 13, 2026, the court declared his appeal well-founded and annulled the decision taken by the administration.

The court noted, in particular, problems in the way the authorities had justified and conducted the examination of the application. One instruction that came into force with the new European rules notably limited the use of certain statements made during the first interview for procedures covered by the transitional period.

The court also criticized the administration for being unable to artificially examine certain asylum grounds as though they were completely separate from one another.

He wins his appeal, but not the right to stay

This is where the judgment becomes unusual. After annulling the administrative decision, the court examines whether its consequences can nevertheless be maintained.

The answer is yes.

On the merits, the judge considers that the Moroccan man did not provide sufficient evidence regarding the elements that would allow him to obtain international protection. Concerning his sexual orientation, the court ultimately finds that it was not rendered credible, despite, in particular, his statements about a relationship he says he maintained for several years.

The other grounds put forward likewise do not lead the court to conclude that, if returned to Morocco, he would face a risk warranting the granting of asylum. The issue of military service does not change the outcome of the case either.

The paradoxical consequence is that the Moroccan man legally wins his appeal because the June 24 decision is annulled, but the judge decides to maintain its effects. He must therefore still leave the Netherlands and remains subject to a two-year entry ban.

The Dutch administration is, however, ordered to pay 2,802 euros in legal costs.

On Bladi.net : article 122886

The Moroccan man thus obtains what, on paper, appears to be a victory against the administration: his appeal is declared well-founded and the refusal is annulled. But when it comes to the most important consequence for him, the judgment changes nothing: he must still return to Morocco.