First country of asylum

Netherlands

Author

Dutch Council for Refugees

An asylum request can be declared inadmissible when the asylum seeker has been recognized as refugee in a third country and can still receive protection in that country, or can enjoy sufficient protection in that country, including protection from refoulement, and will be re-admitted to the territory of that particular third country (Article 30a, first paragraph, under b, Aliens Act). 

As stipulated in C2/6.2 Aliens Act Implementation Guidelines, the IND assumes that the asylum seeker will be re-admitted in the third country in case:

  • The asylum seeker still has a valid permit for international protection in the third country;

  • The asylum seeker has a valid permit or visa and he can obtain international protection;

  • Information from the third country from which it can be deduced  that the asylum seeker already has been granted international protection or that he is eligible for international protection;

  • Statements of the asylum seeker that he has already been granted protection in a third country and this information has been confirmed by the third country.

In the situations as mentioned above the IND assumes that the asylum seeker will be re-admitted to the third country, unless the asylum seeker can substantiate (make it plausible) that he will not be re-admitted to the third country.

The mere fact that the asylum seeker has a valid visa for entering the third country is not sufficient to consider that the asylum seeker receives protection from that third country according to Article 30a, first paragraph, under b, Aliens Act.

About AIDA

The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), containing information on asylum procedures, reception conditions, detenti