There is still a lot of uncertainty surrounding the departure of third-country nationals from the Netherlands

THE HAGUE (ANP) – People who lived in Ukraine with a temporary residence permit and fled to the Netherlands when Russia invaded the country must leave the Netherlands by Tuesday. This follows from a ruling by the Council of State earlier this year. It determined that so-called third-country nationals no longer have the right to stay from March 4 and had to leave the Netherlands within one month or apply for asylum. However, dozens of third-country nationals appealed against the so-called return decision that they received from the Ministry of Justice and Security after the ruling.

Various courts subsequently ruled that third-country nationals are entitled to the same protection as Ukrainians who are housed in the Netherlands and may not be deported. Other courts followed the ruling of the Council of State in their judgments. The court in Amsterdam has doubts and has requested an explanation from the Court of Justice of the European Union in Luxembourg, the highest European court. The court in Utrecht ruled last week that a group of 95 third-country nationals may not be deported for the time being, because the court cannot handle their cases in time.

Because the courts contradict each other, the cases will probably end up back before the Council of State. The highest administrative court wants to hear all cases together because they deal with the same question. It is not yet known when that will happen. Third-country nationals for whom the court has determined that they must leave are not yet allowed to wait for the appeal to the Council of State in the Netherlands. Third-country nationals who, according to the court, should not be deported, may remain in the Netherlands pending a new ruling by the Council.

State Secretary Eric van der Burg (Asylum) is expected to send a letter to all municipalities on Tuesday about how they should deal with third-country nationals who have to leave. Third-country nationals now receive living allowances and shelter through municipalities, among other things. Despite the contrary rulings of the courts, his ministry adheres to the ruling of the Council of State from earlier this year. “Third-country nationals who do not have a well-founded appeal, granted interim measure or a disciplinary measure are obliged to leave the Netherlands on April 2,” said the spokesperson for State Secretary Eric van der Burg of (Asylum) last week.