EU court advises Netherlands not to fine refugees for failing integration exams

A recognized refugee should not be obliged to repay tuition fees or pay a fine if they fail an integration exam. That is the advice of a senior lawyer at the European Court of Justice in Luxembourg.

The case revolves around a man from Eritrea who was recognized as a refugee in the Netherlands at age 17 and obliged to participate in an integration program at 18. Because he did not pass the final exam within four years, the Dutch government fined him 500 euros. He also had to repay the 10,000 euros that the government had lent him to take courses.

The Dutch Council of State is considering this case and asked the EU court to weigh in.

The EU court advisor now established, among other things, that the Eritrean man had spent the entire loan of 10,000 euros on mandatory Dutch and integration lessons. He no longer has that money. The advisor does not think that a mandatory integration course is a problem, but any financial contribution from refugees must be within their means. The government must also ensure that integration is not hindered if students fail exams. That is likely to happen if refugees are saddled with high debts.

The case revolves around the Dutch integration law before 2022. The law has since been amended. This judicial opinion is important for the old cases because the EU judges may soon adopt it in their final rulings. The EU judges typically do so, although they are not obliged to. The ruling will then be binding for all comparable cases in the Netherlands and the other 26 EU member states.