|
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 |
|
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 |
Policy |
|
Content of protection |
The introduction of the new civic integration system is further postponed and it is foreseen to be launched on 1 January 2022 instead of 1 July 2021. |
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 |
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 |
Policy |
|
Country of origin information |
The IND published new work instructions on the use of sources and country of origin information in the asylum procedure. |
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 |
Policy |
|
Reception of applicants for international protection |
The COA and the National Council on Swimming Security signed the National Action Plan of Swimming Security for Asylum Seekers. |
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 |
Policy |
|
Processing asylum applications at second or higher instance |
The Administrative Division of the Council of State now uses a new, sixth form of motivation of its decisions. When the court rejects an application, it uses one of the template sentences to provide more context for the ground of the refusal. |
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 |
|
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 |
|
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 |
Policy |
|
Return of former applicants |
The IND published new work instructions providing guidelines to implement ECHR, Article 8. |
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 |
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 |
Policy |
|
Statelessness in the context of asylum |
The IND published new work instructions on Palestinians. |
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 |
Policy |
|
Access to information |
The COA published a new brochure for employers Newcomers on their way to work - Guide for employers, providing information to facilitate the employment of beneficiaries of international protection. |
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 |
Policy |
|
Reception of applicants for international protection |
The State Secretary for Justice and Security presented a toolbox on dealing locally with disruptive or criminal applicants. The toolbox presents 70 measures which provide support in different areas. |
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 |
|
Malta |
2020 |
Legislative |
|
Processing asylum applications at second or higher instance |
The International Protection Appeals Tribunal now has a full-time chairperson and two or more members on a part-time basis, appointed by the President on the advice of the Prime Minister. |
EASO Asylum Report 2021 |
|
Malta |
2020 |
Legislative |
|
Persons with special needs in the asylum procedure |
SOGI was included to be a particular social group under the Procedural Standards for Granting and Withdrawing International Protection Regulation. |
EASO Asylum Report 2021 |
|
Malta |
2020 |
Legislative |
|
Processing asylum applications at second or higher instance |
The Refugee Appeals Board changed its name to International Protection Appeals Tribunal. |
EASO Asylum Report 2021 |