A Tanzanian who has fled from Ukraine to the Netherlands may remain in the shelter for the time being. That has the Council of State determined in an emergency ruling late Friday evening.
The Tanzanian threatened to lose his right to protection on Monday after the court of Rotterdam previously ruled that the outgoing cabinet could withdraw the man’s right of residence. He appealed against that decision to the Council of State. He has determined that he can remain in the shelter until the highest court has ruled on the case.
In principle, the ruling only applies to the Tanzanian, “but it is indicative. Anyone else who would come to us now would receive the same verdict,” a spokesperson for the Council of State told ANP news agency.
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More clarity
The Tanzanian was living in Ukraine with a temporary residence permit when Russia invaded the country. The man therefore fled to the Netherlands and was given the same protection as refugees with Ukrainian nationality. The outgoing cabinet wants these so-called ‘third-country nationals’ to have no right to reception from 4 September.
These third-country nationals must then leave the reception and will no longer receive a living allowance and may no longer work. To avoid having to leave the Netherlands within 28 days, they must apply for asylum or a study visa.
In the meantime, several third-country nationals have filed a lawsuit against the state and there have been several court rulings. However, these seem to contradict each other. Some judges believe that the Netherlands should be allowed to stop protection, while others believe that only Europe should make a decision on this.
To create more clarity about these rulings, a final ruling from the Council of State, the highest administrative court, is needed. This ruling will probably be made at the end of November.