EU takes note of invalidation legal requirement

The EUAA, the European Union Agency on Asylum, is the agency that helps EU countries implement European laws and procedures around asylum. The EUAA publishes an annual report on key changes in policy, practice and case law in Europe. This summer’s report notes the ruling in the Netherlands on the ‘components requirement’ (onderdelenvereiste) by the Council of State in December 2022.

The 431-page annual report cites iMMO in connection with the expiration of the so-called components requirement. The text states:

With regard to the use of medical reports in the examination of an asylum application, the Council of State in the Netherlands ruled in December 2022 that the ‘components requirement’ was no longer tenable. The ‘components requirement’ meant that, if in a forensic medico-legal report the examiner (for instance, the Dutch Institute for Human Rights and Medical Assessment (iMMO)) had come to the conclusion that the physical and psychological situation of the asylum seeker may have affected (heavily) their ability to tell their asylum story in a complete, consistent and coherent manner during the interviews with the IND, the examiner should be able to specify which components of the asylum story were effected. The component rule was laid down by the Council of State in its landmark ruling of June 27, 2018. However, those with relevant expertise (e.g. iMMO) pointed out that from a medical and scientific point of view the components requirement could not be met satisfactorily for the IND and the legal courts. Accordingly, in its judgment the Council of State abandoned the view it adopted in 2018.

Click here to read the entire report.