The Netherlands can end the protection of third-country nationals, who fled Ukraine, earlier than for other Ukrainian refugees, as ruled by the European Court of Justice. This ruling aligns with the opinion given by the Advocate General in October.
Third-country nationals are individuals who were legally residing in Ukraine with a temporary permit for work or study before the war began. When the conflict started, some fled to the Netherlands and received the same protection as Ukrainians.
However, the Netherlands considers them a distinct category of refugees subject to different rules. The Dutch Council of State decided in January to terminate their temporary protection on March 4.
People from Algeria, Turkey, Pakistan, and Nigeria filed a lawsuit against the Dutch government to prevent deportation, prompting the Council to seek clarification from the Luxembourg court, which led to three cases being temporarily suspended. The court upheld the Advocate General’s advice, allowing the Netherlands to revoke third-country nationals’ rights to work, education, and municipal shelter if it chooses.
MiGreat, an aid organization, criticized the decision as shocking, with director Roos Ykema stating to ANP that it endorses discrimination based on nationality, risking the residency rights of those fleeing the same war but with different nationalities or skin colors.
Source: NOS