Rahim
In February 2008, Rahim from Pakistan, arrived at Schiphol airport in the Netherlands. He was arrested for travelling with false travel documents. He wanted to apply for asylum, but was told he would first be prosecuted for travelling with false documents.
On 5th February, Rahim was convicted and handed down a two-month probationary sentence, which allowed the Dutch authorities to declare him "unwanted" in the Netherlands. As a result, he was denied entry into the Netherlands and placed in detention. Rahim applied for asylum and his claim was dealt with through the 48 working hours accelerated procedure.
The Dutch Immigration Service (IND) rejected the application because of Rahim's unwanted status as this ‘status' means he cannot obtain a residence permit. Having had his claim refused by the IND, Rahim was required to leave the Netherlands immediately even if he appealed the decision, as appeals do not have suspensive effect.
Rahim appealed the decision, and requested the issuing of an interim measure allowing him to stay in the Netherlands pending his appeal. He also presented a request to annul his "unwanted" status. However, the appeal of his asylum application was dealt with initially, before his request to annul his ‘unwanted' status was addressed.
The fact that he had started the procedure to annul his ‘unwanted' status was deemed irrelevant and his appeal was rejected. Rahmin was moved to the deportation centre without having anybody listen to his reasons for applying for asylum in the first place.
(Source: Dutch Refugee Council)