Question

Important inquiry

  • 8 May 2023
  • 8 replies
  • 247 views

Hi,

 

 

I am stateless from Kuwait. I applied for asylum in the Netherlands almost a year ago with my wife (she was pregnant) and we voluntarily returned to Kuwait before any decision was issued in the asylum case. Can I apply for asylum again in Another country has knowledge of the issue of stateless people??


8 replies

Userlevel 4

Dear @KhaledAlShatti84 , thank you for sharing your case with us and the community, we are here for you!

As far as we are aware, it is not possible to issue a second application for asylum in another country, as long as the first one is still open. 
I am tagging @ISI, @Laura van Waas, @Georgia Field to see if they have more detailled insights. Another institution that might be able to assist you with regards to the Netherlands is the ASKV https://www.askv.nl/. You can rach out to info@askv.nl explaining your situation and ask for Robin or Catherina.


I am hoping these adresses can provide further support for your and your wife’s case! 🙏🏻

 

Userlevel 1

Dear Khaled,

I’m sorry to read about your situation. I think Charlotte is right that as long as there is an existing asylum application open, it is not possible to start a new one elsewhere (at least not within Europe). It is good advice to try reaching out to ASKV in the Netherlands, to understand this better - I would also have referred you to them. I hope you’re able to find the help you need,

Laura

@Laura van Waas @Charlotte  

 

  • Thank you for your help, can I apply for asylum again in the Netherlands or not ?
     
  • Is the cancellation of the asylum process and voluntary return considered that my file is still open?
Userlevel 1

This is the kind of question that Robin at ASKV, and his other colleagues who have experience with legal procedures, would be able to answer. I’m not sure of how this works exactly because I have not been involved in individual cases in this way.

 

Hello again and sorry for the inconvenience, I contacted ASKV about a week ago and I haven't gotten a response yet.

Userlevel 1

Hi Khaled, 

I understand that must be frustrating and a source of stress for you. It may be that it takes some time because they probably receive a lot of requests for advice. You could perhaps send them a reminder. They are really the best source of information/advice in your case.

Hi. Sorry to ask. Are you actually stateless (e.g. Mike Gogulski, Glen Lee Roberts, some former USSR nationals, victims of discrimination of nationality law of some countries) or are you an undocumented Kuwaiti national in which the country treats you poorly and refused to provide you appropriate documents?

 

Sorry to ask but if you’re an asylee, could you explain (at least to the officials) why did you return to Kuwait voluntarily, the country you’re apparently so fearful of? The basis of an asylum claim is that you fear persecution of the offending country.

 

Please don’t take this as a legal advice, I’m not a lawyer. It’s some concerns that you might (or might not) have to explain.

I hope you get your rights respected regardless if you’re stateless or not.

Userlevel 4

Hi @forcedcitizen

I imagine his reasons for returning were complex, complicated and diverse. And they are not the reason for his statelessness. Whether someone is or is not stateless, is not our job to determine. We are here to assist, share best practices, knowledge, lend an open ear and go with believing rather than doubting as first instinct. We are sure your intentions are good, but please make sure to do it in a sensible way, since we want to make sure this is a safe space for people sharing their experiences with statelessness :) This article gives great input on how to sensible react!


In our Statefree working-definition, "actually stateless" are people that hold the official status "stateless" as well as people with an undetermined nationality, since they are in fact not treated as citizens by any state under the operation of its law (=definition of statelessness). Undocumented does not necessarily mean stateless, but if documents proving your nationality or identity cannot be obtained over a period of time and attempts, you are de facto stateless.

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