02 Sep 2023 at 00:51 Update: an hour ago
A so-called third-country national who was in danger of losing his right to protection may remain in the reception for the time being. The Council of State, the highest court in the Netherlands, determined this late Friday evening in an emergency ruling.
The third-country national, a man from Tanzania, was living in Ukraine last year with a temporary residence permit when Russia invaded the country. He fled to the Netherlands and was given the same protection as Ukrainian refugees.
But the outgoing cabinet wants protection for third-country nationals to end on Monday. As a result, a situation threatens to force them to leave the shelter. Third-country nationals can then apply for asylum or a study visa, otherwise they must leave the Netherlands within 28 days.
The man from Tanzania disagreed and filed a lawsuit. The court in Rotterdam stated that the government had the right to stop the protection. The man appealed against this, but initially did not have the right to stay longer in the shelter. The Council of State has now put a stop to this. As long as the judgment is pending, the man is entitled to shelter.
In principle, the ruling only applies to this man, “but it is indicative”, says a spokesman for the Council of State. “Anyone else who came to us now would get the same verdict.”
Who are third-country nationals and why do they have to return?
Third-country nationals were temporarily living in Ukraine, for example for their work or studies, when they fled. Although they initially received the same special treatment in the Netherlands as other refugees from Ukraine, the same rules now apply as for normal refugees. That means applying for (and getting) asylum or returning to your country of origin. The outgoing cabinet would prefer that they leave voluntarily and has drawn up a plan for this. Departing third-country nationals not only receive a plane ticket, but also 5,000 euros. They have until September 15 to sign up.
Judges ruled differently on the position of third-country nationals
In recent days, several judges have ruled on the position of third-country nationals. They seem to contradict each other.
Some judges think that the Netherlands should be allowed to stop the protection, while colleagues in similar cases think that only Europe can decide on this. The Council of State also points this out and sees “diverse outcomes, with different legal arguments”.
Due to the lack of clarity, several municipalities have decided that third-country nationals may remain in reception for the time being, despite the government’s directive. The municipalities first want to know what they can and cannot do.
It is still unknown when the Council of State will rule on the position of the third-country national. The highest court expects to make a ruling in November at the earliest.
2023-09-02 08:00:41
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