News item | 02-03-2022 | 14:00
The cabinet wants to make it possible for foreign nationals who have to leave the Netherlands to take a corona test under duress. A legal basis is created for this in the Aliens Act 2000. This should ensure that, in extreme cases, a forced test may be taken if a foreign national who has the obligation to leave the Netherlands refuses to be tested voluntarily or to share the test result.
Return policy under pressure
Destination countries currently have entry conditions as a result of COVID-19. Refusing a corona test by foreign nationals now means in the vast majority of cases that their departure cannot be enforced.
“The departure from the Netherlands of those who are not entitled to protection is crucial for a well-functioning asylum system. That is why the coalition agreement also stipulates that we will combat the frustration of deportation and promote return. This measure fits in with this and is necessary for the return process to function properly. That way we keep our asylum system sustainable and credible.”
said State Secretary Van der Burg.
Motion Valstar
Member of parliament Valstar previously submitted a motion requesting the government to explore whether, and how, failed asylum seekers who frustrate deportation by refusing a corona test can still be deported.
In recent months, the government has explored various options for making the return policy function better again with the applicable entry conditions. Making a test justifiable and proportionally enforceable was the only workable solution.
The bill to regulate this will be consulted as soon as possible.