A new package of measures

has been introduced to prevent asylum seekers pursuing a series of procedures over a protracted period – in some cases up to 12 years – without any prospect of being granting residence. The most important measures are ensuring that the initial asylum application is examined fully and with due care, taking all factors into account; and ensuring that further applications are processed more quickly. Incentives for asylum seekers to initiate one procedure after another are also being removed.

According to the Minister for Immigration, Integration and Asylum Policy, Gerd Leers, the current situation allows aliens to stay in the Netherlands for so long that they, and their children in particular, can become integrated while being unable to participate fully in society. Mr Leers noted that this can result in exceptionally difficult situations if the final decision is taken not to admit the alien to the Netherlands.

Today Mr Leers sent a letter to the House of Representatives detailing his programme to streamline admission procedures. ‘Aliens who have the right to protection will receive it in the Netherlands,’ he said. The decision on protection status must be taken with due care, but it must also be taken quickly. ‘That is good for asylum seekers, who will have clarity about their situation at an earlier stage, and good for society, because people will be unable to extend their stay unnecessarily.’

Mr Leers believes the problem is urgent and requires an effective approach. After all, every delay has a direct impact on the situation of aliens and on public support for immigration policy. The plan is to introduce the new measures aimed at ensuring due care, speed and clarity in the first half of 2013.

Due care
Under the new system, all asylum-related and humanitarian grounds will be examined simultaneously, in the first procedure. These include family life, medical treatment, human trafficking and situations of acute humanitarian need. The aim is to prevent the need to initiate subsequent procedures: everything will now be examined the first time round.
Applications for ‘ordinary’ regular residence permits (for study, work, etc.) must always be initiated from abroad.

Speed
The throughput time will be accelerated for procedures at every stage in the immigration system. Follow-up applications will now be assessed within one day to ascertain whether any new facts and circumstances have emerged and, if so, whether they change the situation.
If new facts and circumstances requiring further investigation are presented, the Immigration and Naturalisation Service (IND) will complete the follow-up procedure as soon as possible.

Clarity
If an alien’s second or subsequent application is unsuccessful, he will receive a significantly lower legal aid allowance. The current system, under which lawyers receive full payment regardless of the outcome of the procedure, can facilitate and even encourage repeat procedures.
Reviewing the grounds for asylum will bring them more closely in line with international and European grounds for protection. The guiding principle is that asylum will be reserved for aliens who would be at individual risk were they to return to their country of origin.
The aim is to transfer aliens to the Repatriation and Departure Service immediately after their application is rejected, including those applying for a regular residence permit on humanitarian grounds. This will concentrate their focus on returning to their country of origin more than is now the case.

Mr Leers says that once the package of measures has been introduced the government will monitor whether the desired effects have been achieved, which will probably only become clear in the years ahead. Mr Leers has also asked the implementing agencies to keep note of how long former and current asylum seekers are involved in immigration proceedings and occupy reception facilities, so a solution can be found as soon as possible. If the delay is too long, the case in question will be given priority where possible, giving the alien clarity quickly.