Withdrawal of protection status

Netherlands

Country Report: Withdrawal of protection status Last updated: 30/11/20

Author

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:

a.     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]

b.     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of international protection changes his or her main residence outside the Netherlands, temporary asylum status can be withdrawn. In the opinion of the Dutch Council of Refugees, this is not in accordance with the recast Qualification Directive. However, a change of main residence outside the Netherlands does not constitute a ground for withdrawal of status according to policy.[3] Given this policy, that ground is no longer used in practice. Nevertheless, when a beneficiary of international protection changes his or her main residence outside the Netherlands and does not share this information with the Dutch authorities, 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.

 

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 The only difference concerns return in case temporary asylum status is withdrawn because the recognised refugee or the beneficiary of subsidiary protection is a danger to public order.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.[4]

                                                                        

 


 



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

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

[3]             Paragraph C2/10.5 Aliens Circular.

[4]             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