The Council of State and the Council for the Judiciary express concerns about significant additional burdens on courts and the Immigration and Naturalisation Service (IND) if two draft bills by Minister Faber for Asylum and Migration are implemented. The bills, the Emergency Asylum Measures Act and the draft Two-Status System Act, propose changes that could lead to legal inequality and further strain the asylum system.
The Council for the Judiciary has “very serious objections” to the two-status system, which differentiates between those fleeing due to personal danger and those escaping war or violence. This division may lead to increased court cases as individuals from the latter group seek recognition under the former category.
Another proposal shortens the asylum residence permit from 5 years to 3, potentially increasing extension applications and court appeals. The Administrative Jurisdiction Division of the Council of State offers similar critiques, noting the elimination of family reunification for certain relatives.
Current migration legislation already poses challenges due to personnel shortages. The Dutch Bar Association also criticized the new measures, arguing stakeholders were given insufficient time to respond.
The timing for the cabinet’s discussion of these proposals remains uncertain.
Source: NOS