European Court must examine whether the Netherlands can expel third-country nationals from Ukraine | Asylum

The Council of State already ruled at the beginning of this month that the third-country nationals who have gone to court can stay for a while. The highest court of the Netherlands still had to officially rule in these cases, and that happened on Thursday.

Third-country nationals are people who lived in Ukraine when the war broke out there, but had a temporary residence document there. For example, they were there for work or study. Initially, the Netherlands treated these third-country nationals just like other refugees from Ukraine and they fell under the so-called Temporary Protection Directive. Because of this European directive, they did not have to apply for asylum, they were allowed to use municipal shelters and they could go to work.

Outgoing State Secretary Eric van der Burg decided to reverse that decision last year, after which a legal cat-and-mouse game followed. The third-country nationals went to court, and it was the same Council of State that ruled in January that the third-country nationals should indeed be sent away. But when the third-country nationals subsequently went to court again, it turned out that there was still uncertainty surrounding the European rules that apply to Ukrainian refugees.

The Council of State now wants a decision from the European Court. Should third-country nationals who have been granted this temporary protection be covered by the directive for as long as other Ukrainian refugees? Or can this be ended earlier if an EU member state so wishes?

Normally it can take up to a year before the European Court provides answers, but the Council of State has asked whether this can be done faster. The entire directive will expire on March 4, 2025. It is not yet clear what rules will apply to Ukrainian refugees from then on. But an answer from the European Court is in any case “no longer relevant” after that date.

Until then, the current, confusing situation will remain in effect. The hundreds of third-country nationals who have gone to court will probably be allowed to stay. The people who did not do so were still required by the ministry to apply for asylum or leave.

At least 550 third-country nationals have gone to court and are allowed to stay for the time being. It is not clear how many other third-country nationals are still living in the Netherlands.