Differential treatment of specific nationalities in the procedure

Netherlands

Country Report: Differential treatment of specific nationalities in the procedure Last updated: 08/04/22

Author

Dutch Council for Refugees Visit Website

In general, applications from asylum seekers from “safe countries of origin” are considered manifestly unfounded and subject to an Accelerated Procedure (“Track 2”). However, in policy rules exceptions are being made with regard to certain groups, like LGBTI asylum seekers or specific countries. The safe countries of origin are listed in the section on Safe Country of Origin.

Afghan nationals

Suspensions of decisions and temporary stops on return in Afghan cases

The policy regarding the suspension of decisions for applications of Afghan nationals and the temporary stop on the return of Afghan nationals due to a temporary uncertain and insecure situation in Afghanistan entered into force 26 August 2021 and applies for six months and has recently been prolonged with another six months.[1] This policy is in accordance with Article 43 Aliens Act and Article 45 (4) 4 Aliens Act. This means that, in general, the IND has 18 months for taking a decision on new and pending asylum applications of Afghan nationals. Furthermore, rejected asylum seekers will not have to return to Afghanistan during the six months the policy applies. They will also have access to reception facilities. This policy does not apply in the following cases:

  • Afghan nationals who either: fall under the scope of the Dublin Regulation; have already obtained international protection in another Member State or in a third country; fall within the concept of a safe third country; have already obtained international protection in the Netherlands; or have implicitly withdrawn or abandoned his application;
  • Afghan nationals who are a threat to public order or national security;
  • If Article 1F of the Refugee Convention is applicable.

Short asylum procedure evacuated Afghan nationals

Since August 2021, approximately 2000 Afghan nationals were evacuated to the Netherlands. In many cases, the evacuees used to work for the Dutch government in Afghanistan. After the Taliban takeover of the country, these people were considered at risk to be persecuted in their home country. The applications of these asylum seekers were processed in a short asylum procedure in specific emergency facilities. These emergency facilities were created to accommodate the evacuated persons.[2] Although the policy regarding the suspension of decisions (see above) is applicable, the applications of evacuated Afghan asylum seekers will be processed and, as far as known, most of them have obtained a temporary asylum permit.

[1] Dutch Parliament, 23 February 2022, Verlengen besluit- en vertrekmoratorium Afghanistan, available in Dutch at: https://bit.ly/3HkpFMs.

[2] IND, latest update 27 December 2021, information available in Dutch at: https://bit.ly/3zP4rUO.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation