Sep 02, 2023 at 6:03 PM Update: an hour ago
The cabinet could have prevented “unnecessary unrest” by waiting for a final ruling from the highest court in the case about the reception of so-called third-country nationals. This is what the Dutch Council for Refugees says on Saturday in response to the urgent decision of the Council of State.
The ruling concerned a man from Tanzania who was living in Ukraine with a temporary residence permit when Russia invaded the country last year. He fled to the Netherlands and was given the same protection as Ukrainian refugees.
The man threatened to lose his right to protection in the Netherlands on Monday because the outgoing cabinet wants this to stop. As a result, third-country nationals may be forced to leave the reception. They can then apply for asylum or a study visa, otherwise they must leave the Netherlands within 28 days.
Who are third-country nationals and why do they have to return?
Third-country nationals temporarily lived 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.
The man from Tanzania disagreed and filed a lawsuit. The court in Rotterdam ruled in favor of the government, against which the man appealed. He can now await that substantive decision in the shelter, the Council of State ruled late on Friday evening.
The ruling concerns an individual case, but according to the Council of State is “guiding” for other third-country nationals. “Anyone else who would come to us now would receive the same verdict,” a spokesperson said earlier.
Council for Refugees sees a worrying trend
The Council for Refugees sees a trend in the actions of the cabinet in which “the legal basis of the policy no longer seems to play a decisive role” when it comes to refugees.
The organization cites the so-called travel restriction for family members of refugees as another example. Earlier this year, the Council of State ruled that this is not allowed under both Dutch law and European regulations regarding the plan to only allow family members (‘following relatives’) to come over if the first family member to arrive has a residence permit.
“This trend rubs against the rule of law, dupes vulnerable people and places an unnecessary burden on the implementing organizations and in this case also on municipalities,” says the Council for Refugees.
2023-09-02 16:03:23
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