The deportation of about 90 ‘third-country nationals’ from the shelter for Ukrainians started on Tuesday afternoon in Dordrecht. Many other Dutch municipalities have not yet done so pending a letter from the responsible State Secretary Eric van der Burg (Asylum, VVD).
Tuesday evening there also appeared to be a ruling from the Council of State. After 10 p.m., he revealed that in at least six cases third-country nationals still retain the right to reception and protection. This right lasts until the Court of Justice of the European Union provides answers to questions asked by Dutch judges about the European reception rules for refugees from Ukraine.
Although the Council of State only judges six third-country nationals, a spokesperson says that the ruling is ‘guiding’. Other third-country nationals in the same circumstances would receive the same provisional ruling. The question is whether the government now advises municipalities to maintain reception for all third-country nationals until clarity comes from Europe.
Contradictory
State Secretary Van der Burg has not yet given an answer to this. His first reaction does show annoyance about the ruling, because the same Council of State ruled in January that the reception of third-country nationals could stop in April. “In a short period of time, the Council of State has made two contradictory statements. This lack of clarity doesn’t help anyone at all. That does not contribute to trust and manageability,” Van der Burg responds. He is now looking at ‘what exactly this means’.
Third-country nationals are people who lived, worked or studied in Ukraine when the war broke out there, but do not have Ukrainian nationality. They had the same rights as Ukrainian refugees in the Netherlands for two years, but their right to reception ended on Tuesday. This concerns a group of about 2,500 people throughout the Netherlands.
Many third-country nationals filed lawsuits in the days before Tuesday. Some courts ruled that the refugees must indeed leave the shelter, other courts ruled that they could stay for as long as Ukrainian refugees. Due to this lack of clarity, a number of Dutch municipalities decided to wait for a letter from State Secretary Van der Burg, which will now probably arrive on Wednesday.
Amsterdam is also waiting for that letter. A spokesperson for reception councilor Rutger Groot Wassink said otherwise Het Parool that Amsterdam will not deport third-country nationals from the city. It is estimated that there are 42 people.
‘Incredibly cruel’
Earlier this year, the Council of State determined that so-called third-country nationals were no longer entitled to residence from last month and had to leave the Netherlands this week or apply for asylum. Dozens of third-country nationals have appealed against the so-called return decision. Some third-country nationals won the lawsuit, others did not.
A spokesperson for the aid organization MiGreat says it is scandalous that people are being deported. “Especially given the fact that there are still all kinds of lawsuits pending, many of which have been won by those third-country nationals and there is also a case pending at the European Court. It is incredibly cruel that people are now being thrown out on the street while they may be entitled to shelter again in a while.”
The House of Representatives wants the outgoing cabinet to make ‘maximum’ efforts to ensure the departure of third-country nationals from reception and from the Netherlands. A request to that effect from MPs Ruben Brekelmans (VVD) and Mona Keijzer (BBB) is supported by a large majority. The House of Representatives believes that ‘third-country nationals who can safely return to their country of origin should leave as soon as possible’.
Tags: Thirdcountry nationals fled Ukraine remain Netherlands time Council State determined
