Third-country nationals from Ukraine actually had to leave the country today, but Amsterdam is not deporting yet

It is D-day for the third-country nationals in the Netherlands. Third-country nationals are people who temporarily worked or studied in Ukraine when war broke out and fled to the Netherlands. They must leave the country today if they have not applied for asylum, have successfully appealed or have a case pending in court. For Hamid and Kumar – who are both in the shelter at the Amstel Botel in Noord – this means that they can stay for a while.

Pakistani Hamid successfully challenged the return decision in the court in Haarlem. He is assisted by lawyer Marjon Ristra-Peeters, who handles more similar cases. “What really matters is that we are dealing with the interpretation of European law. I and a number of lawyers with me think that the Council of State has not done a very good job. We are challenging the return decision that the third-country nationals in this case have received. To ask the lower courts to take a closer look.”

Chosen for justice

So Hamid can stay for a while. “We are very happy that the lawyers and judges are on our side. They have clearly looked at our case carefully and opted for justice.”

Third-country nationals throughout the country contested and are contesting the decision of the Council of State. Kumar is still awaiting a verdict. It is confusing that judges have made decisions that differ greatly from each other. Ristra-Peeters: “All in all, it is quite complex. We just don’t know exactly where we stand at the moment.”

That is why the Amsterdam court has decided to ask questions to the European Court. “To gain clarity. Because judges all come to different interpretations, it is very important that the European court says something about this, or that our highest court – the Council of State – takes a good look at it. Also because it is just very unclear to many people.”

Responsible councilor Rutger Groot Wassink (Reception) was still waiting this afternoon for the letter that State Secretary Eric van der Burg would send to all municipalities this morning. For the time being, Amsterdam will not yet start deporting the approximately 50 third-country nationals in the city.

“What is difficult for municipalities and also for Amsterdam is that the Immigration and Naturalization Service (IND) has to indicate what someone’s residence permit is before we can, for example, terminate that reception. And now we just don’t know that yet. So I want to that we are not going to end the reception of people, while it later turns out that they have the right to stay.

So we are really waiting until we have the information and until we are very sure what the residence status is before we end the shelter. And I hope that the State Secretary will indicate in the letter when that is clear. Because now it is unclear.”