The third country citizen, a man from Tanzania, was living in Ukraine on a temporary residence permit last year when Russia invaded the country. He fled to the Netherlands and received the same protection as Ukrainian refugees.
But the outgoing government wants protection for third-country nationals to end on Monday. As a result, there is a risk that they will have to leave the shelter. Third country nationals can then apply for asylum or a study visa, otherwise they must leave the Netherlands within 28 days.
The Tanzanian man disagreed and filed a lawsuit. The court in Rotterdam ruled that the government had the right to stop protection. The man appealed this decision, but initially he was not entitled to stay in the shelter any longer. The Council of State has now put an end to this. As long as the ruling is in force, the man is entitled to shelter.
In principle, the ruling only applies to this man, “but it provides guidance,” says a spokesman for the Council of State. “Anyone else who comes to us now will get the same sentence.”
Several judges have ruled in recent days on the position of third-country nationals. They seem to contradict each other.
Some judges believe that the Netherlands can stop the protection, while colleagues in similar cases believe that only Europe can decide on this matter. The Council of State also notes this and sees “various results and different legal arguments.”
Given the uncertainty, many municipalities have decided that third-country nationals will remain in reception for the time being, despite government directives. Municipalities first want to know what they are and are not allowed to do.
It is still unknown when the Council of State will decide on the position of the third-country national. The Supreme Court does not expect to issue a ruling until November at the earliest.
