The courts rule in his favor in the Netherlands, then order him to return to Morocco anyway
A Moroccan man obtains the annulment of the Dutch justice system’s refusal of his asylum application. Yet the victory has no impact on his future: the court upholds his obligation to leave the Netherlands, as well as a two-year entry ban.
The man, born in 1986 and a Moroccan national, applied for asylum on February 21, 2026. He cited, among other things, his homosexuality, fears relating to his father and uncles in a family context, as well as issues related to military service.
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On June 24, the Dutch authorities had declared his application manifestly unfounded. This refusal was accompanied by a return decision and a two-year entry ban from the Netherlands. The Moroccan man then brought the case before the District Court of The Hague.
And the judge effectively rules in his favor on an important part of the case. In its decision of August 13, 2026, the court declares his appeal well-founded and annuls the decision made by the administration.
The court notably identifies problems in the way the authorities justified and conducted the examination of the application. An instruction that came into force with the new European rules notably limited the use of certain statements made during the first interview for proceedings covered by the transitional period.
The court also criticizes the administration for being unable to artificially examine certain asylum grounds as though they were entirely 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 convincing evidence regarding the elements that could enable him to obtain international protection. Concerning his sexual orientation, the court ultimately considers that it was not rendered credible, despite, in particular, his statements about a relationship he said he had 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.
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The Moroccan man thus obtains what appears, on paper, 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.