Hoger beroep van Raad van State, November 26, 2010
Datum uitspraak: | 2010/11/26 |
Uitgevende instantie:: | Raad van State |
201006508/1/V1.
Datum uitspraak: 26 november 2010
Raad van State
AFDELING
BESTUURSRECHTSPRAAK
Uitspraak met toepassing van artikel 8:54, eerste lid, van de Algemene wet bestuursrecht op het hoger beroep van:
het Centraal Orgaan opvang asielzoekers (hierna: het COa),
appellant,
tegen de uitspraak van de rechtbank 's Gravenhage, nevenzittingsplaats 's Hertogenbosch, van 1 juni 2010 in zaak nr. 10/12456 in het geding tussen:
[de vreemdeling]
en
het COa.
1. Procesverloop
Bij besluit van 1 april 2010 heeft het COa de verstrekkingen aan de vreemdeling op de voet van de Regeling verstrekkingen asielzoekers en andere categorieën vreemdelingen 2005 beëindigd. Dit besluit is aangehecht.
Bij uitspraak van 1 juni 2010, verzonden op 9 juni 2010, heeft de rechtbank het daartegen door de vreemdeling ingestelde beroep gegrond verklaard, dat besluit vernietigd en bepaald dat het COa een nieuw besluit op de aanvraag neemt met inachtneming van hetgeen in de uitspraak is overwogen. Deze uitspraak is aangehecht.
Tegen deze uitspraak heeft het COa bij brief, bij de Raad van State binnengekomen op 7 juli 2010, hoger beroep ingesteld. Deze brief is aangehecht.
De vreemdeling heeft een verweerschrift ingediend.
Vervolgens is het onderzoek gesloten.
2. Overwegingen
2.1. Ingevolge artikel 3, eerste lid, van de Wet Centraal Orgaan opvang asielzoekers (hierna: de Wet COa) is het COa onder meer belast met de materiële en immateriële opvang van asielzoekers.
Ingevolge het tweede lid kan de minister van Justitie (hierna: de minister) het COa taken als bedoeld in het eerste lid opdragen met betrekking tot andere categorieën vreemdelingen.
Ingevolge artikel 12 kan de minister regels stellen met betrekking tot verstrekkingen aan asielzoekers en andere categorieën vreemdelingen als bedoeld in artikel 3, tweede lid.
De Regeling verstrekkingen asielzoekers en andere categorieën vreemdelingen 2005 (hierna: de Rva 2005), zoals die ten tijde van belang luidde, strekt ter uitvoering van artikel 12 van de Wet COa.
In artikel 3 van de Rva 2005 is bepaald aan welke categorieën asielzoekers of daarmee gelijk te stellen categorieën vreemdelingen door het COa opvang wordt geboden.
Ingevolge artikel 3, derde lid, aanhef en onder f en g, zijn als een zodanige gelijkgestelde categorie aangewezen de vreemdeling wiens uitzetting op grond van artikel 64 van de Vreemdelingenwet 2000 (hierna: de Vw 2000) achterwege blijft en de vreemdeling die rechtmatig in Nederland verblijft, als bedoeld in...
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