Third-country nationals from Ukraine can stay for now, State Secretary says
Third-country nationals from Ukraine who are still in the Netherlands can stay in the municipal shelters for now, retaining the same rights as other refugees from Ukraine, State Secretary Eric van der Burg of Asylum said in a letter to parliament.
On Thursday, the Council of State asked the European Court of Justice in Luxembourg for clarification on whether the Netherlands can deport third-country nationals from Ukraine while still offering protection to Ukrainian nationals who fled here. It has paused ongoing proceedings involving third-country nationals until it receives an answer.
Van der Burg said that this forced him to extend protection for third-country nationals for at least until the European Court has provided an answer. It is not known when this will happen, though the Council of State did ask for urgency. The State Secretary has informed municipalities that they must continue providing shelter to this group.
Third-country nationals are people who were living in Ukraine on a temporary residence permit when Russia invaded. It involves around 2,500 people in the Netherlands, mostly students and migrant workers. They initially had the same protection as Ukrainian refugees in the Netherlands, but that lapsed on March 4. Dozens of people fought their impending deportation in court, leading to varying and often contradicting rulings and a lot of confusion.
The Security Council and the Association of Dutch Municipalities (VNG) are relieved that Van der Burg provided some clarity in his letter. “This line provides clarity for both municipalities and third-country nationals for the time being,” a spokesperson told ANP.
VluchtelingenWerk, the Duch council for refugees, is also pleased, saying that this both provides some certainty for third-country nationals and removes an unnecessary burden on the judiciary. “The issue surrounding the reception of third-country nationals has been very complicated from the start, and we understand that,” VluchtelingenWerk said to NOS. “Yet we once again saw a chaotic situation arise in which municipalities, third-country nationals, and the judiciary suffered. That could very well have been prevented.”
