In its ruling of April 2, 2025, the Council of State discussed at length a specific section of the iMMO expert report (ECLI:NL:RVS:2025:1472). This ruling explicitly does not concern the physical and psychological examination conducted by iMMO in accordance with the internationally accepted Istanbul Protocol. In previous rulings, the Council of State has expressed its appreciation for this part of the iMMO examination, and the Division’s case law regarding the significance of an iMMO report as supporting medical evidence therefore remains unchanged.

In light of the statements made by the expert witness, the Division does, however, raise questions about another, separate aspect of the investigation, namely whether the psychological problems of the individual in question could have affected their ability to testify at the time of the IND hearing. iMMO has written a detailed response (PDF in Dutch) on this point. In it, iMMO argues that an investigation into trauma-related memory issues, as mentioned in the ruling, does not belong within an iMMO investigation. This should be the responsibility of the IND and should take place immediately before or immediately after the hearings.