Court freezes deportation of 95 third-country nationals from Ukraine

The Dutch government was forbidden from deporting a group of 95 third-country nationals who fled from Ukraine when Russia expanded their invasion in 2022. The protection the group is entitled to expires next week. They have appealed against the announcement that they must leave the Netherlands. Since the District Court in Utrecht will be unable to hear the case in time, the court ordered a temporary stop to the deportation procedure.

Third-country nationals are people who lived in Ukraine with a residence permit when Russia invaded. They fled to the Netherlands and received protection there, just like all other refugees with Ukrainian citizenship. The ministry wants to end the refugee reception of that group of third-country nationals, and their decision was supported by a ruling earlier this year by the Council of State, the country’s highest administrative court.

That meant that third-country nationals have no longer had the right to stay in the Netherlands since March 4. They were then given four weeks to leave the Netherlands. This period ends next week. They then have to wait in their country of origin until they can return to Ukraine.

The 95 third-country nationals argued they have not had a chance to explain their personal circumstances. That could possibly include a reason that would lead the government to reverse their deportation decision. Their interest in explaining this is greater than the government’s interest in deporting people beginning on Tuesday, the court ruled.

However, third-country nationals are not allowed to work while they wait for their case to be heard. Their right to work in the Netherlands will still end.

Third-country nationals have gone to court throughout the country to be allowed to remain in the Netherlands. The District Courts in The Hague, Rotterdam, Zwolle, Utrecht and Arnhem have ruled in recent days that this group is no longer entitled to protection.

But the District Courts in Haarlem, Roermond and Den Bosch ruled that third-country nationals may remain in the Netherlands as long as Ukrainians are also allowed to remain in the country. The District Court in Amsterdam made no decision either way, but asked the highest European court for clarification.