Netherlands Prime Minister Dick Schoof announced on Friday his plan to limit temporary asylum permits to a maximum of three years and to introduce new border controls next month. Schoof said the cabinet had reached an agreement to alleviate the “asylum crisis” after the Council of Ministers meeting.
The package of asylum measures includes the reduction of the temporary asylum permit to a maximum of three years, aligning with practices in neighboring countries. Refugee aid group Vluchtelingenwerk criticized the three-year limit, contending that this discourages integration efforts. The group explained that refugees have little incentive to learn the local language or contribute to society, as their future in the country remains uncertain.
In addition, the cabinet proposes to repeal the Spreidingswet (Distribution Act), which seeks to distribute refugees fairly across the country, and to relieve municipalities from providing housing to refugees. These proposals have generated concerns about aggravating asylum problems.
Other additional measures include the introduction of border controls by the end of November, the creation of 50 to 100 new cells for alien detention starting next year, and a temporary limit of 200 people per year for resettlement. The country will also tighten its policy regarding Syria, preventing people from safe areas from obtaining asylum and facilitating their return.
Both houses of parliament will discuss the package. The current right-wing cabinet has also announced that it will issue a general administrative measure before the package comes into effect. Although Schoof describes the migration inflow as an “asylum crisis,” critics argue that the inflow figure has been decreasing since October 2023 and the current situation does not justify the declaration of an “asylum crisis.” In response, Schoof said the “crisis” referred to the pressure put on Dutch society by the asylum influx.
Article 8 of the European Convention on Human Rights guarantees the right to respect for private and family life, home and correspondence. In Dabo v. Sweden, the European Court of Human Rights confirmed that the right to family reunification for asylum seekers falls within the scope of the right to respect for family life. Nevertheless, the court held that domestic authorities can justify their denial of family reunification requests for asylum seekers, by striking a fair balance between the applicant’s interest in family unity and the state’s interest in controlling immigration, for example, the economic well-being of the state.
Similar protections can be found under Article 7 of the Charter of Fundamental Rights of the European Union, which applies to government actions within the scope of EU law.
Previously, Netherlands Foreign Minister Marjolein Faber indicated that if there were changes to existing EU migration and asylum laws, the Netherlands would “opt out” to alleviate pressures on public housing, health care and education. Another EU country, Hungary later joined this request, with both governments arguing that these legal mechanisms hinder their ability to ensure national well-being in areas such as health, employment, and social housing.
