Minister must clarify Yemen asylum stance, Council of State rules

The caretaker Minister for Asylum, David van Weel, must provide better justification for why not all refugees from Yemen are granted asylum, the Council of State has ruled. Under current policy, only individuals from Yemen who are at personal risk are granted asylum in the Netherlands. The minister maintains that there is no exceptionally dangerous situation in the country that would justify granting asylum to all Yemeni asylum seekers. However, the highest administrative court finds that he has not sufficiently substantiated this position.

The ruling concerns the case of a man from Yemen who fears the war, bombardments, and recruitment by militias. The minister argues that the man does not face an increased risk due to his individual circumstances. The Yemeni national disputes this, contending that simply being in Yemen already puts him at heightened risk.

According to him, this constitutes a so-called 15c situation, an exceptional case in which anyone fleeing a country is, in principle, entitled to protection.

The Council of State finds that the minister failed to take all relevant factors into account when making his decision. The administrative court notes that in Yemen, people are being injured or killed by landmines and other explosive remnants of war, that recent clashes have occurred, and that an increasing number of people are fleeing due to armed conflict.

The court also finds that the minister did not adequately consider what the consequences would be if the man were to return to Aden, his city of origin. Furthermore, the minister has been urged to take into account that humanitarian aid is being obstructed by the Houthi rebels and other parties.

As a result of the ruling, Van Weel must reassess whether a 15c situation applies, considering all relevant and current developments. In doing so, he must also take into account a recent report on the situation in Yemen, drafted by officials from the Ministry of Foreign Affairs. Additionally, the minister must reexamine the Yemeni man’s asylum application.

The official report in question, which was made public after the ANP invoked the Open Government Act, presents a mixed picture of the situation in Yemen. The ceasefire agreed in 2022 between the Houthi rebels and a Saudi-led coalition is not being widely violated. However, fighting continues along the front lines. And although civilians’ rights continue to be regularly violated, the number of fatalities has declined.