Withdrawal of protection status

Netherlands

Country Report: Withdrawal of protection status Last updated: 18/03/21

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Dutch Council for Refugees Visit Website

Grounds for withdrawal of status

 

Article 32(1)(a)-(b) of the Aliens Act establishes the grounds for withdrawal of temporary asylum status. This article applies to recognised refugees as well as to beneficiaries of subsidiary protection. Temporary asylum status can be revoked, and the request to extend the period of validity can be denied, in case the beneficiary:

  1. Has given false information, or has withheld information that would have resulted in a negative decision on the application for asylum or the request to extend the period of validity of the temporary asylum status;[1]
  2. Is a danger to public order or national security.[2]

 

Article 32(1)(d) of the Aliens Act provides that, where the beneficiary of international protection changes his or her main residence outside the Netherlands, temporary asylum status can be withdrawn. This is not in accordance with the limitative grounds for revocation and withdrawal in the recast Qualification Directive. However, according to the Aliens Circular a change of main residence outside the Netherlands does not constitute a ground for withdrawal of status.[3] Given this policy, this revocation ground is no longer used in practice. Nevertheless, when a beneficiary of international protection changes his or her main residence outside the Netherlands, according to policy, the Dutch authorities assess whether the legal ground for granting protection has ceased to exist. This is laid down in paragraph C2/10.5 of the Aliens Circular.

 

False information

 

The withdrawal ground of false information is applicable to both temporary (article 32 Aliens Act) and permanent statuses of international protection (article 35 Aliens Act). This means that this ground can be used for withdrawal even after living over 20 years in the Netherlands.[4]

 

After receiving signs of fraud, the IND started to reassess statuses from homosexual status holders from Uganda.[5] The IND had reasons to believe that there were organizations helping the Ugandans to get asylum in the Netherlands. Of the 253 inspected cases 1 status has been withdrawn and 35 cases are still pending as of November 2020.

 

Danger to public order or national security

 

The withdrawal ground of being a danger to public order or national security is applicable to both temporary (article 32 Aliens Act) and permanent statuses of international protection (article 35 Aliens Act). This means that this ground can be used for withdrawal even after living over 20 years in the Netherlands.

 

Article 3.86 Aliens Decree gives a number of ‘sliding scales’. The article establishes a link between the duration of the irrevocable punishment for a crime and the duration of lawful residence in the Netherlands. Although all this is more complex, in short, the longer the foreign national legally resides in the Netherlands, the heavier the penalty must be in order to reject the application for extension or to terminate the legal residence.[6] The policy was tightened up in 2016 after the presumed sexual assaults in Cologne at New Year’s Eve.[7] The prison sentence for withdrawing an asylum residence permit was reduced from 24 to 10 months refugees and from 18 to 6 months for persons with subsidiary protection (this is also one of the few differences between refugee statuses and subsidiary protection statuses), and – unique in the public order policy – only for subsidiary protection statuses also suspended sentences are to be included in this.[8]

 

Withdrawal procedure

 

The intention procedure described in the section on Cessation applies to withdrawal of temporary asylum status. The only difference concerns return in case temporary asylum status is withdrawn because the recognised refugee or the beneficiary of subsidiary protection is a danger to public order. In such a case, the person is obligated to leave the Netherlands immediately.[9]

 

 

 

[1]Article 32(1)(a) Aliens Act.

[2]Article 32(1)(b) Aliens Act.

[3] Paragraph C2/10.5 Aliens Circular.

[4]For example Council of State, ECLI:NL:RVS:2020:2953, 14 December 2020 (the applicant had an asylum status for over 14 years).

[5]KST 19637, nr. 2670 and appendix, LGBTI in the asylum procedure.

[6]Work Instruction 2020/12 De toepassing van de glijdende schaal, available in Dutch here: https://ind.nl/Documents/WI_2020-12.pdf.

[7]BBC, Germany shocked by Cologne New Year gang assaults on women, 5 January 2016, available in English here: https://bbc.in/2LIXFM0.

[8]Paragraph C2/10.3 and C2/10.7 Aliens Circular. 

[9]Article 62(2) Aliens Act.

 

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