The Council of State expresses “great concern” about the consequences of the asylum plans of Minister Marjolein Faber (Asylum and Migration, PVV). The council wrote this in a statement published on Tuesday response on the so-called Asylum Emergency Measures Act and the Faber Dual Status System Act.
The Council of State anticipates that there will be much more litigation and that the costs will increase, contrary to what Faber intends with the bills. The planned stricter asylum rules – such as a reduction in the term of residence permits from five to three years – will lead to an increase in applications and lawsuits, and ultimately to additional workload.
“I would like to emphasize that not only the IND, but also the immigration judiciary is already overloaded and is facing staff shortages. Additional burden structurally means more and longer procedures,” writes the chairman of administrative law of the Council of State.
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With the two-status system, Minister Faber wants to distinguish between people who flee because they are in danger due to war, for example, and people who are not safe in their country because of their orientation or religion. The idea is that the first group could return more quickly once peace has returned to their home country. But it is expected that a large number of these people will apply for admission to the other group of refugees. The Council of State also warns here about increasing lawsuits and workload.
A ministry spokesperson was not immediately available for comment.
Objections from legal bodies
The Council for the Judiciary also wrote on Tuesday that he had “great concerns” about the feasibility of the asylum minister’s plans. The legal body has “major objections” to the two-status system in particular. The Council for the Judiciary predicts that three-quarters of refugees who are returned will go to court to argue that they fall under the other group.
Last week, the Dutch Bar Association also responded to Faber’s plans. That organization is concerned about
‘human rights objections’ in the two-status system and the stricter travel rules. “The interests of vulnerable people, including children, are insufficiently safeguarded,” said the order, which also accused the minister of haste and carelessness.