Various courts later ruled that third-country nationals are entitled to the same protection as Ukrainians residing in the Netherlands and may not be deported. Other courts followed the ruling of the Council of State in their rulings. The court in Amsterdam had doubts and requested an explanation from the Court of Justice of the European Union in Luxembourg, the highest European court. The court in Utrecht ruled last week that a group of 95 third-country nationals cannot be deported at the present time, because the court cannot deal with their cases in a timely manner.
As the courts contradict each other, the cases will likely end up back in the Council of State. The Supreme Administrative Court wants to hear all the cases together because they address the same question. It is not yet known when this will happen. Third country nationals who have been decided by a court to leave are not yet allowed to await appeal to the Council of State in the Netherlands. Third country nationals who, according to the Court, cannot be deported, may remain in the Netherlands pending a new ruling by the Council.
State Minister Erik van der Burgh (Asylum) is expected to send a message to all municipalities on Tuesday on how to deal with third-country nationals who have to leave. Third-country nationals now receive living allowances and shelter through municipalities, among others. Despite the dissenting court rulings, his ministry is abiding by the State Council ruling issued earlier this year. “Third-country nationals who do not have a justified appeal, or have received a provisional or disciplinary measure, are obliged to leave the Netherlands on April 2,” State Minister Erik van der Burgh's spokesman for Asylum said last week.
