Netherlands can stop shelthering 3rd-country nationals from Ukraine: advice to EU court
Governments should be allowed to stop the reception of third-country nationals from Ukraine earlier than that of other war refugees from the country as long as they follow the general principles of the applicable laws in their decision, the Advocate General of the European Court of Justice advised after Dutch courts had asked for clarity on the matter. The EU court will now rule on the matter. In general, the court usually follows the Advocate General’s advice.
Third-country nationals are people who lived in Ukraine on a temporary residency permit when Russia invaded and then fled to safe countries in Europe along with Ukrainian refugees. In the Netherlands, they initially had the same protection as Ukrainian refugees until the Dutch government decided to revoke their right to shelter. Then-State Secretary Eric van der Burg (Asylum) argued that they could safely return to their country of origin.
In January 2024, the Council of State ruled that the protection of third-country nationals could end on 4 March 2024, when the current protection measure that covered them ran out. The European Union extended the protection for Ukrainian refugees until 4 March 2025, but the Council of State ruled that the Netherlands did not have to include third-country nationals in that extension.
Dozens of third-country nationals 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. The Amsterdam court eventually asked the European Court of Justice to weigh in on the matter. The Council of State also asked the EU court for clarity.
According to ANP, the Advocate General of the EU court responded on Tuesday that an EU member state may terminate the temporary protection of third-country nationals earlier than for other Ukrainian refugees, as long as the member state complies with the general principles of the law in its decision.
The EU court will now render a verdict on how member states can proceed. That could happen within a few weeks as this is an accelerated procedure. In general, the court usually follows the Advocate General’s advice.
