The minister who is responsible for asylum cases does have the authority to grant asylum in harrowing cases. That judge The Council of State Wednesday.
The administrative court focused on the case of a man from Iraq who in 2020 of the then State Secretary for Justice and Security, Ankie Broekers-Knol (VVD), was told that she could not mean anything for him because she would not be competent here. The Council of State, however, taps the department. The discretionary authority, as it is called legally, is still in the Aliens Act.
Adjustment of the Aliens Decree
On May 1, 2019, an adjustment in the Aliens Decree made sure that the decision to grant asylum to the director of the Immigration and Neutralization Service (IND). For this, this decision was with the state secretary, but this was adjusted to prevent refugees from being able to claim an exception from the minister during their entire procedure. At the time, the cabinet feared that this would ensure that people who request asylum will stay longer in the Netherlands and can in themselves lead to dire situations.
However, in its opinion, the administrative court says on Wednesday that the amendment to the Aliens Decree in 2019, a general administrative order, is not exceeded of the Aliens Act from 2000. This means that current outgoing asylum minister David van Weel (VVD) has to look again at the asylum application of the Iraqi man. Van Weel can no longer propose the argument that he has no discretionary competence.