6 third-country nationals can stay in NL pending clarity from EU court: Council of State

Six third-country nationals from Ukraine retain their right to shelter in the Netherlands until the European Court of Justice in Luxembourg has answered the question of precisely what the European directive is for this group, the Council of State ruled on Tuesday. Tuesday was the day that third-country nationals from Ukraine had to leave the Netherlands.

Third-country nationals are people who had temporary residency permits for Ukraine when Russia invaded, primarily students and labor migrants. It concerns about 2,500 people in the Netherlands. They initially had the same rights as Ukrainian refugees, but their right to reception expired on Tuesday.

The Council of State’s ruling on Tuesday concerned six third-country nationals in Amsterdam. The Amsterdam District Court asked the European Court in Luxembourg to explain whether third-country nationals are entitled to the same protection as Ukrainians. Until the European Court answers those questions, all cases of third-country nationals in Amsterdam have been paused, and they retain their right to shelter in the meantime, the Council of State ruled.

It is not immediately clear whether this also applies to other third-country nationals in the Netherlands. “But a ruling by the Council of State is indicative,” spokesperson Pieter-Bas Beekman told NOS. “So if other third-country nationals in the same situation come to us, they could receive the same ruling.”

Dozens of third-country nationals have challenged their impending deportation in court, resulting in very different and sometimes contradicting rulings. The courts in Arnhem, The Hague, Utrecht, Rotterdam, and Zwolle ruled that third-country nationals could be deported. The courts in Den Bosch, Haarlem, and Roermond ruled that third-country nationals should get the same treatment as Ukrainian refugees.

On Tuesday, several municipalities started evicting third-country nationals from their shelters, according to NOS. These include Dordrechg, Zwijndrecht, Meppel, and Alblasserdam. It is unclear whether they could return after the Council of State ruling.

The municipality of Dordrecht told NOS that, as far as it is concerned, the ruling does not apply to third-country nationals in its municipality. “The Council of State has made a specific decision for the six people involved in this case.” Dordrecht will “adopt the line as communicated from the Ministry of Justice and Security” until responsible State Secretary Eric van der Burg indicates otherwise, a spokesperson said.

A spokesperson for the Ministry of Justice and Security said that the Ministry looks forward to the European ruling. “In a short period of time, the Council of State has made two contradictory rulings. That lack of clarity helps no one. It does not contribute to trust and manageability. We are now looking at what exactly this means.” In January, the Council of State, the highest administrative court in the Netherlands, ruled that the protection could end on March 4.