'Third country nationals' from Ukraine will be kept for the time being right to shelter, as the Council of State determined on Tuesday evening. The court in Amsterdam asked the Court of Justice of the European Union last week to clarify the rules. Pending that ruling, the Council of State has allowed 'third-country nationals' to remain in the Netherlands. These are people who, for example, lived in Ukraine with a temporary residence permit because of work or study when Russia invaded the country more than two years ago and fled to the Netherlands after the invasion.
In January, the Administrative Jurisdiction Department of the Council of State determined that the State Secretary for Justice and Security their temporary protection could end on March 4, because a European decision to extend the protection of refugee Ukrainians until spring 2025 would not apply to third-country nationals. They were given until April 1 to leave the Netherlands. Dordrecht and Meppel had already started deporting third-country nationals on Tuesday afternoon.
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“Despite the fact that the Administrative Jurisdiction Division previously ruled that their right to protection will end on March 4, 2024, they may now stay pending answers from the Court of Justice in Luxembourg to questions previously asked by the court in Amsterdam about the European directive for third-country nationals “, the Council of State announced on Tuesday evening.
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This ruling applies to six people, but according to the Council of State it is “guiding” for other third-country nationals. They will receive the same provisional ruling in the same circumstances. Lawyer Wil Eikelboom, who represents some refugees, wrote in an initial response on X that it is “unthinkable” that outgoing asylum state secretary Eric van der Burg declares the statement “not applicable to the entire group”.
In appeals brought by third-country nationals, courts have reached different conclusions in recent weeks. For example, in line with the previous ruling of the Council of State, some courts ruled that third-country nationals no longer have the right to protection, but others ruled that they may remain for the time being because they have not had a chance to explain their personal circumstances or are allowed to stay in the Netherlands anyway. remain as long as this also applies to Ukrainians.
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