Court Cases / Twelfth GMS Court Case

HATRED AGAINST IMMIGRANTS ON THE RISE; SPECIOUS
AND UNDULY FORMALISTIC ARGUMENTATION BY COURTS

In first instance the applicant (in this case the ‘petitioner’) submitted
a new document to the Court that could have proved her identity
with 100% certainty. The Court ordered the government to authenticate
the document, but the government refused. Thereafter the Court
ruled against the petitioner. This was confirmed by the Court of Appeal.

The argumentation by the Appeals Court that the ‘granting of the Dutch
nationality is a matter of great weight’ is like a code-word to reject.
It is not argumentation based on reasonableness and fairness.
Violation of arts. 6 and 13 of the European Convention of Human
Rights.

The foundation lacks the funds to bring this case to the European
Court, whereas for the petitioner there is another remedy available
(handing in a new petition to the government including the new
document). For these reasons the foundation GMS has decided
not to bring this case to the ECtHR. This decision does hurt us,
but we have no other choice at this moment.