Cabinet not allowed to end protection for three third-country nationals from Ukraine

The District Court of The Hague ruled against the outgoing Cabinet on Wednesday, saying the Netherlands cannot arbitrarily end the temporary protection of three third-country nationals from Ukraine starting on September 4. The ruling is the result of separate lawsuits filed by two third-country nationals of Indian citizenship and one of Moroccan citizenship. The Ministry of Justice and Security said the ruling will not hinder their plans to stop the reception of third-country nationals beginning on Monday.

According to the court, the Cabinet has "no authority" to end the temporary protection granted to these individuals. Only the European Union has the jurisdiction to end such protection. The case took place in Roermond on Wednesday.

Third-country nationals are individuals who fled Ukraine after the full-scale Russian invasion in February 2022. These people were either studying or working in Ukraine at the time. Around 2,900 such individuals have sought refuge in the Netherlands and were sheltered alongside Ukrainians.

As of Monday, the Netherlands will end the temporary protection for third-country nationals from Ukraine. The Ministry of Justice and Security informed them by letter on 27 July 2023 that the temporary protection in the Netherlands would be ending as of 4 September 2023. They can apply for asylum in the Netherlands or return to their country of origin or another country.

About 700 have applied for asylum. Those who have not must leave within 28 days. This concerns approximately 2,200 people. After September 4, they will have to leave their accommodation, will not be allowed to work, and will no longer receive subsistence allowance.

VluchtelingenWerk Nederland argues that, given the ruling from the court in The Hague against the Cabinet, third-country nationals from Ukraine should be allowed to remain in the Netherlands for the time being.

The organization also remarked that a case is still pending before the Council of State, which is yet to determine whether it is legally permissible to end temporary protection for these third-country nationals from Ukraine. The refugee organization has expressed “extreme disappointment” that the temporary reception will be halted on Monday despite the highest court not having reached a decision yet. According to a spokesperson, some third-country nationals might choose to stay in the Netherlands illegally while awaiting the court's ruling. They warned that this could lead to chaos and incalculable consequences for the affected individuals and municipalities.

Mayors also expressed concerns, emphasizing that the Cabinet must "take the lead," according to Security Council Chairman Wouter Kolff. State Secretary Eric van der Burg (Asylum) argues that the remaining 2,200 individuals have little chance of gaining asylum and should either apply for study or work visas or return to their countries of origin. If they fail to do so within the 28-day transition period, they will face detention and deportation.