Council of State: third-country nationals may await ruling in refugee shelters

A so-called third-country national from Ukraine who was in danger of losing his right to protection on Monday has been allowed to stay in the shelter for now. He had lost a case in the Rotterdam court and appealed to the Council of State. He must continue to receive protection until a decision is made by the Supreme Court, the Council of State decided late Friday night in an emergency ruling.

In principle, the verdict only applies to this man, "but it is indicative. Anyone else who turns to us now would receive the same verdict," a spokesperson for the Council of State said.

The case had been filed by a man from Tanzania. He was living in Ukraine on a temporary residence permit when Russia invaded the country last year. He fled to the Netherlands and received the same protection as Ukrainians. However, the Cabinet wants that to end on Monday. The third-country nationals then run the risk of having to leave the shelter and end up on the streets. They will then also no longer be allowed to work and will no longer receive housing benefits. They must then apply for asylum or a study visa, otherwise, they will have to leave the Netherlands within 28 days.

The Rotterdam court had previously ruled in favor of the State. The government had the right to end the protection. The man appealed, but it did not overturn the end of protection. In any case, the Council of State put a stop to it. Pending a decision, he will continue to receive protection. "This also means that he will not have to leave the shelter next Monday."

However, it is not known when the Council of State will decide on the status of the Tanzanian from Ukraine. The Supreme Court does not expect a decision until November at the earliest.

In recent days, several judges have issued rulings on the status of third-country nationals. These rulings seem to contradict each other. Some judges believe that the Netherlands can discontinue protection, while colleagues in similar cases believe that only Europe can decide. The Council of State also points this out and sees "different results with different legal arguments."

Due to the ambiguity, several municipalities have decided that third-country nationals can remain in shelters for the time being, despite the government's directive. The municipalities first want to know what they can and cannot do. The Association of Dutch Municipalities also advises municipalities in case of doubt to continue to offer shelter for the time being.

This is the first time that the Council of State has ruled on the status of third-country nationals. Lower courts have also ruled in recent days that refugees must remain in the shelters for the time being until their status is decided.