|
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 |
|
Netherlands |
2020 |
Policy |
|
Special procedures to process asylum applications |
The IND published its updated work instructions on the border procedure. |
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 |
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 |
Policy |
|
Persons with special needs in the asylum procedure |
The Council for Child Protection (Raad voor Kinderbescherming, RvdK), the IND and the DT&V set up a permanent partnership under the name Cooperation for Children in Foreigners' Policy (Samenwerkingsverband Kinderen in het Vreemdelingenbeleid, SKIV). |
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 |
|
Content of protection |
The IND published new work instructions on further investigation in family reunification procedures, including DNA testing in the asylum procedure. |
EASO Asylum Report 2021 |
|
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 |
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 |
Policy |
|
Interpretation services |
The IND published updated work instructions on working together with an interpreter. |
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 |
|
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 |
|
Malta |
2020 |
Legislative |
|
Special procedures to process asylum applications |
Algeria, Bangladesh, Egypt, Morocco and Tunisia were added to the list of safe countries of origin. |
EASO Asylum Report 2021 |
|
Malta |
2020 |
Policy |
|
Content of protection |
Criteria for the Specific Residence Authorisation (SRA) policy was modified. |
EASO Asylum Report 2021 |