Décision judiciaire de Raad van State, 26 juin 2019
| Date de Résolution | 26 juin 2019 |
| Juridiction | Cassatie |
| Nature | Arrest |
Anders dan verzoeker voorhoudt, wordt in het bestreden arrest niet overwogen dat het wat betreft de schending van artikel 3 EVRM volstaat dat de aanvankelijk BB geen verwijderingsmaatregel inhoudt, maar wordt geoordeeld dat verzoeker niet aannemelijk maakt dat het verblijf in een verblijfsonzekere situatie een onmenselijke en vernederende behandeling uitmaakt. Verder vermag de RvS als administratieve cassatierechter niet in de beoordeling van de zaak zelf te treden en het komt hem dus niet toe om zelf in de plaats van de eerste rechter te oordelen of deze of gene verblijfssituatie een onmenselijke of vernederende behandeling uitmaakt.
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