Court: Netherlands cannot deport third-country nationals who arrived from Ukraine

Three third-country nationals who fled from Ukraine to the Netherlands after Russia intensified its invasion of that country may not simply be deported from the Netherlands, according to a court ruling published on Tuesday. The court determined that these people, who do not have Ukrainian citizenship, are entitled to the rights to temporary protection for the same duration as all other displaced persons who legally resided in Ukraine at the time of the invasion.

The court found that two of the three individuals who filed the case are originally from Algeria, and the third is from Ghana. They were living in Ukraine with a temporary residence permit when Russia expanded its war in February 2022. After their escape, they were granted protection in the Netherlands, and they were allowed to live, work and study here.

That protection was supposed to expire on March 4, the Council of State ruled in January. The highest administrative court in the Netherlands said that third-country nationals could only stay in the country by formally applying for asylum. Third-country nationals who do not apply for asylum would then be allowed to remain in the Netherlands until April 2, at which point they were supposed to leave.

The cases ended up before the Council of State because lower courts had issued conflicting verdicts. According to some sets of judges, third-country nationals were entitled to protection. Others disagreed.

After the ruling from the Council of State, the Ministry of Justice and Security issued a return decision to the third-country nationals ordering them to leave. Many third-country nationals appealed against this. Last week, the courts in Groningen and Haarlem ruled that third-country nationals may remain until a decision has been made on their appeal.

Tuesday’s decision was issued by the District Court of The Hague’s Vreemdelingenkamer, the court which presides over cases related to immigration and foreign nationals. The court heard the case and rendered its verdict from Roermond, Limburg.

The Council of State does not comment on the ruling of the court in Roermond. The agency takes into acocunt that cases involving third-country nationals will ultimately end up back with it. If that happens, those cases will likely be heard at the same time. It is not yet known when that hearing will be and when the Council will make a decision.

Third-country nationals with a permanent Ukrainian residency permit are still entitled to reception. They can stay in the Netherlands at least until March 2025, just like Ukrainians.