Many cities not evicting third-country nationals yet as court rules another 90 can stay

Many municipalities are allowing third-country national refugees from Ukraine to remain in their shelters for the time being. Outgoing State Secretary Eric van der Burg says that the protection for third-country nationals can stop, but there are still many lawsuits against his decision. On Thursday, the court in The Hague ruled that the reception of another 90 third-country nationals will be extended. Municipalities are waiting for a final ruling, they said on Thursday during an ANP survey of over 100 municipalities.

Amsterdam, Rotterdam, The Hague, and Utrecht, among others, have announced that they will not deport third-country nationals for the time being. The four large cities are sheltering around 76 people in this group.

In Den Bosch, the protection of 57 third-country nationals would lapse. “The majority of them have a pending asylum application or have objection to the decision to stop. These people may remain in the shelter until there is legal clarity about this.” Amersfoort will continue sheltering third-country nationals “until a decision has been made on appeal.”

Hengelo wants to act “with care.” The city shelters 24 third-country nationals. “It is complex and time-consuming, partly due to various legal rulings. We are taking our time.” Nijmegen sheltered 11 third-country nationals. Three have left; the others can remain in the shelter for the time being. “We do this because of the confusing situation resulting from diverse judicial decisions. Unfortunately, the letter from the State Secretary on Wednesday did not make it clearer.”

Enschede (nine third-country nationals) also said some points are still unclear. “That is why we continue accommodating these nine people who fled without a Ukrainian passport in the municipal shelter.”

Over ten municipalities have decided to evict third-country nationals from their shelters. Dordrecht, Hilversum, and Amstelveen have already done so. Apeldoorn said that 13 people who do not have a provisional injunction from the judge must leave. “Given the confusion that has arisen, we will first examine their situation again in detail so that we can act responsibly. That could take several weeks.” Almere and Dronten follow the State Secretary’s line.

About 60 municipalities said that they are not sheltering any third-country nationals and the court rulings and State Secretary’s announcements, therefore, do not apply to them.

Court rulings

Third-country nationals are people who had temporary residency permits for Ukraine when Russia invaded, primarily students and labor migrants, and fled the war along with Ukrainians. 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.

Dozens of third-country nationals have challenged their impending deportation in court, resulting in very different and sometimes contradicting rulings. This week, the Council of State ruled that six people in Amsterdam could retain their right to shelter for the time being. The court in Amsterdam is awaiting advice from the European Court of Justice on whether third-country nationals should be treated the same as Ukrainian refugees. The court in The Hague followed the same line for 90 people on Thursday.

Previously, 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. In January, the Council of State, the highest administrative court in the Netherlands, ruled that the protection could end on March 4.

The Association of Dutch Municipalities (VNG) and the Security Council, which consists of the mayors who head the 25 security regions in the Netherlands, are concerned about the feasibility of deporting third-country nationals, given the courts' often contradictory rulings. “Uniform clarity and legal certainty are also essential for third-country nationals,” according to the VNG and the Security Council.