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At the land border, a distinction can be made between third country nationals who have reported to a location where they can request asylum and third country nationals encountered during domestic border controls by the Dutch police or the KMar. This last group can be divided into third country nationals who wish to apply for asylum, and those who do not wish to apply for asylum.
If there are facts and circumstances which, measured by objective standards, give rise to reasonable suspicion of illegal residence, and the identity, nationality or residence status of a third country national cannot be established immediately, this person can be stopped in order to investigate further. This investigation can include conducting an interview, checking investigative registers and carrying out identifying actions and verification of the declared identity and biometric data. Furthermore, (foreign) authorities can be contacted in order to verify the declared identity. If the third country national does not wish to apply for asylum, a detention measure may be imposed for the purpose of removal, after which, for example, removal to a detention centre might take place. The third country national who does wish to apply for asylum will be send to an application centre on the territory (AC Ter Apel).[1]
The Dutch government announced in November 2024 that it would reintroduce border controls at the internal borders. This measure has been, conform Article 25 of the Schengen Borders Code, introduced temporarily for six months (from 9 December 2024 until 8 June 2025). The border controls are executed by the KMar. This measure should contribute, amongst other things, to combating irregular migration.[2] A week after the measure came into force, it appeared that the border controls did not yet achieve any results: only ten third country nationals were stopped at the border during the week.[3]
Third country nationals wishing to apply for asylum
A third country national that wishes to apply for asylum and who crosses the Dutch border by land has to register their wish for asylum in AC Ter Apel. The identification and registration of the applicant was, up until the end of 2024, conducted by either the AVIM (AC Ter Apel) or KMar (AC Schiphol). As of 1 January 2025, a new organisation has been set up to deal with the identification and registration process. This new organisation, the Asylum Seekers Identification and Screening Service (Dienst Identificatie en Screening Asielzoekers, DISA), will carry out the same obligations related to the identification and registration process as AVIM did before.[4]
The registration of the applicant takes place within three working days after the asylum request.[5] The authorities conduct research on the asylum applicant’s identity, nationality and travel route. Fingerprints and photos are taken and documents and data carriers of the applicant are investigated. The identity, pictures and fingerprints will be saved in a national database. The authorities are allowed to stop the applicant for questioning and examine their clothing or body, as well as search their luggage for the possible presence of travel or identity papers, documents or records that are necessary for the assessment of the application.[6] The official medical examination to determine whether the asylum seeker is physically and psychologically fit to be interviewed by the IND is not until the rest and preparation period (RVT), However, vulnerabilities may emerge already during the notification phase. Partners in the asylum procedure such as DISA are therefore able to identify vulnerabilities at this earlier stage.
[1] KST 32317, nr. 908, Implementatie van het EU Migratiepact, 6 December 2024, available in Dutch at: https://bit.ly/4fQZHSc. Attached to this document is the Implementation Plan itself, available in Dutch at: https://bit.ly/40sgs1z.
[2] KST 30821, nr. 245, Notificatie herinvoering binnengrenstoezicht, 11 November 2024, available in Dutch at: https://bit.ly/3Wf7aU6.
[3] NOS, ‘Marechaussees gefrustreerd door grenscontroles zonder resultaat: ‘Een schijnvertoning’’, 17 December 2024, available in Dutch at: https://bit.ly/4fUPzYm.
[4] Stcrt 2024, nr. 41232, available in Dutch at: https://bit.ly/42rwryr.
[5] Article 3.107b(1) Aliens Decree.
[6] Article 55(2) Aliens Act.