|
Netherlands |
2020 |
Policy |
|
Access to procedure |
In the framework of the Flexibility of the Asylum Chain Programme, tweaks started to be introduced to the identification and registration process, including the launching of the control board (regietafel), setting up a front portal (voorportal) in Ter Apel and introducing the use of a common file structure available for all stakeholders of the asylum chain. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Policy |
|
Content of protection |
The State Secretary for Justice and Security announced that the so-called guest arrangement (logeerregeling) for beneficiaries of international protection will continue and is planned to be expanded. Under this arrangement, beneficiaries of international protection may volunteer to be placed with a host family, family or friends, while they are in wait for their definitive housing arrangement. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Policy |
|
Content of protection |
The COA launched a pilot project in Utrecht for beneficiaries of international protection, where beneficiaries combine studying and apprenticeship in a 2-year programme to become COA employees. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Policy |
|
Resettlement and humanitarian admissions |
A new multiannual resettlement policy framework for 2020-2023 was established in the Netherlands, including a commitment to resettling 2,000 refugees in 4 years. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Policy |
|
Special procedures to process asylum applications |
The State Secretary for Justice and Security presented the revised list of safe countries of origin. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Policy |
|
Reception of applicants for international protection |
Following up on the initiative from the State Secretary for Justice and Security, the COA started to accommodate at a separate location in Budel applicants from safe countries of origin and those who have already obtained international protection in another Member State. Applicants receive only basic material reception conditions in kind and stricter reporting obligation applies to them, as they need to report daily and in addition, every time they leave or come back. The location has extra security personnel. Vulnerable applicants cannot be accommodated here. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Policy |
|
Reception of applicants for international protection |
Following a serious incident, applicants in reception may now be placed temporarily in time-out, a separate, sober place within a reception facility where applicants would only be entitled to material reception conditions in kind, not in cash. |
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 |
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 |
|
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 |
|
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 |
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 |
|
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 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 |
|
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 |
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 |
|
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 |
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 |
|
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 |
|
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 |
|
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 |
|
Malta |
2020 |
Policy |
|
Reception of applicants for international protection |
The AWAS reduced the length of contracts signed with male adult applicants for their accommodation from 1 year to 6 months. |
EASO Asylum Report 2021 |
|
Malta |
2020 |
Policy |
|
Content of protection |
Criteria for the Specific Residence Authorisation (SRA) policy was modified. |
EASO Asylum Report 2021 |
|
Malta |
2020 |
Legislative |
|
Content of protection |
A new provision regarding the cessation of international protection (unequivocal renunciation) was added to the Procedural Standards for Granting and Withdrawing International Protection Regulations. |
EASO Asylum Report 2021 |