# Dutch judges may rule directly on rejected asylum requests

> Following a June ruling by the EU's top court, a judge in the Netherlands who reviews a rejected asylum request can issue binding judgments on granting asylum.

Migration · published 2026-10-30 07:20 · https://nlnow.nl/a/eu-court-rules-judges-may-decide-asylum-cases-themselves/

A Dutch judge who reviews a rejected asylum request may rule bindingly on whether the asylum seeker should get protection, the Court of Justice of the EU ruled on 4 June. A judge in Zwolle had asked the Luxembourg court how far a judge may go when reviewing such a refusal.

The judge may assess whether the asylum seeker's account is credible and how likely it is that he would be persecuted or face serious harm if he returned, and may also take into account evidence submitted during the appeal, the court said. EU member states may not restrict that power.

The ruling, in the case S v Minister van Asiel en Migratie (C-198/25), explains the EU asylum procedures directive, which gives an asylum seeker the right to an effective remedy against a refusal, with a full examination of the facts and the law by the court.

## Background

- **Hof van Justitie van de EU**: The Court of Justice of the EU is the highest court for European Union law, based in Luxembourg. Its rulings on EU law, including the EU asylum rules, bind national courts in the Netherlands, and Dutch judges can ask it preliminary questions when they are unsure how EU law should be applied.

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