|
Netherlands |
2019 |
Legislative |
|
Unaccompanied minors and vulnerable groups |
Major changes were implemented for applicants in the Dublin procedure who claimed to be victims of human trafficking. This group of applicants will now only receive the special temporary residence permit for victims of human trafficking if their presence is considered to be essential for the investigation and prosecution of the case, and the Netherlands as a consequence only takes responsibility for their application if that is the case. |
NL LEG 05 2019 |
|
Netherlands |
2019 |
Legislative |
|
Unaccompanied minors and vulnerable groups |
The Aliens Circular was amended to clarify that an age assessment takes place in two separate sessions, one with the AVIM and one with the IND. Employees of the same public authority assess the age independently, but they can attend the same assessment session. |
NL LEG 05 2019 |
|
Netherlands |
2020 |
Legislative |
|
Processing asylum applications at first instance |
The IND amended its policy on Sudan and previously-granted asylum permits will be reassessed if the permit was granted due to the situation in Darfur, South Kordofan and Blue Nile. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Legislative |
|
Statelessness in the context of asylum |
The draft law on the statelessness determination procedure was presented to the Dutch parliament. |
EASO Asylum Report 2021 |
|
Netherlands |
2021 |
Policy |
|
Special procedures to assess protection needs |
The list of safe countries of origin was entirely revised following a decision of the Council of State. |
EUAA Asylum Report 2022 |
|
Netherlands |
2021 |
Policy |
|
Special procedures to assess protection needs |
The simplified procedure (Track 2), equivalent to the accelerated procedure, was extended to other categories of applicants. |
EUAA Asylum Report 2022 |
|
Netherlands |
2021 |
Policy |
|
The Dublin procedure |
New work instructions were published on when and how a case officer should request advice from the Medical Advisory Office to assess an applicant’s aptitude to travel. |
EUAA Asylum Report 2022 |
|
Netherlands |
2020 |
Legislative |
|
Detention during the asylum procedure |
The grounds were extended for placing an unaccompanied minor in detention for the purpose of return. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Legislative |
|
Detention during the asylum procedure |
An amendment to the Aliens Act established a clear legal basis for continuing the detention of a rejected applicant at the border during the appeal phase in the border procedure. |
EASO Asylum Report 2021 |
|
Netherlands |
2021 |
Policy |
|
Access to procedure |
The control boards (regietafel) moved to the next implementation phase and continued to ensure that all information is available on the specific individual cases, before they entered the phase of the regular procedure. |
EUAA Asylum Report 2022 |
|
Netherlands |
2021 |
Policy |
|
Access to procedure |
The registration process was reorganised and separate streams were set up in specific locations for Afghan evacuees and for persons arriving through family reunification. |
EUAA Asylum Report 2022 |
|
Netherlands |
2020 |
Legislative |
|
Processing asylum applications at first instance |
When assessing the recast Qualification Directive, Article 15(c) criteria on whether there is serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict, the IND needs to take into account whether there is a basic security structure present in the country of origin or in a specific area of the country. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Legislative |
|
Processing asylum applications at first instance |
The policy on sur place refugees was clarified, based on the jurisprudence of the Council of State. |
EASO Asylum Report 2021 |
|
Netherlands |
2021 |
Policy |
|
Processing asylum applications at first instance |
A decision and departure moratorium was issued for Afghan nationals and ethnic Tigrayans from Ethiopia. |
EUAA Asylum Report 2022 |
|
Netherlands |
2021 |
Policy |
|
Processing asylum applications at first instance |
The task force managing the asylum backlog was integrated into the IND. |
EUAA Asylum Report 2022 |
|
Netherlands |
2020 |
Legislative |
|
Return of former applicants |
The Aliens Circular was amended and clarified that when a child is born after a parent has received a return decision, even though the child is subject to an independent return decision, the period of voluntary return is aligned to the parents' decision and expires at the same time. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Legislative |
|
Return of former applicants |
The time limit for announcing the exact date of the forced removal is shortened from 48 hours to 36 hours (Article A3/6). The announcement can be omitted if there is a risk that the prior announcement would endanger the safety or health of the person or the family members. If the departure cannot take place, a new option is sought, and if the removal can take place within 2 days from the original date, a new prior notice is not necessary. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Legislative |
|
Content of protection |
Further clarifications were provided for the assessment of family reunification for beneficiaries of international protection. For example, the fact that the family members were not named during the asylum procedure is not in itself a ground to reject family reunification, but it can be taken into account when assessing the actual family link. For foster children, the biological parents' identity and the foster parent's family link to the biological parents always need to be clarified. When the biological parents are still present, the link between a foster child and foster parents can only be recognised for family reunification under very exceptional circumstances. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Legislative |
|
Content of protection |
The Alien Circular 2000 now explicitly states that the IND has to always include in the decision on family reunification all indicative statements and documents, and in some cases, further examination may be initiated. When a contradiction leads to no further investigation, this has to be motivated. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Legislative |
|
Processing asylum applications at first instance |
Further guidance was added on how to interpret the element political conviction: it is clarified that the applicant cannot be expected to exercise restraint on his/her fundamental political views, which may be actions or expressions that are particularly important for the person's identity or moral integrity. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Legislative |
|
Access to procedure |
The Aliens Circular set in law the practice that an applicant is under the duty to provide all information that might potentially influence the asylum application, which includes criminal past, acts that might fall under the Geneva Convention, Article 1F and any measures that other Member States might have imposed on the person. |
EASO Asylum Report 2021 |
|
Netherlands |
2021 |
Policy |
|
Processing asylum applications at first instance |
The policy was adjusted on the assessment of the cases of persons from Turkey, who are active in politics, journalism or human rights. |
EUAA Asylum Report 2022 |
|
Netherlands |
2020 |
Legislative |
|
Processing asylum applications at first instance |
A draft decree would revise and shorten the Dutch regular asylum procedure from 8 days to 6 days. The draft underwent a public consultation process by the end of November 2020. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Legislative |
|
The Dublin procedure |
The Aliens Circular was amended to reflect CJEU jurisprudence in Jawo and clarified when an applicant can be considered to have absconded. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Legislative |
|
Processing asylum applications at first instance |
The temporary law suspending the incremental penalty payments was passed and applicants are no longer entitled to compensation when the IND does not decide on their case within 6 months. The law will be in force for a year. |
EASO Asylum Report 2021 |