|Published on: 22nd May 2025|Categories: News|
The updated AIDA Country Report on the Netherlands provides a detailed overview on legislative and practice-related developments in asylum procedures, reception conditions, detention of asylum applicants and content of international protection in 2024. It is accompanied by an annex which provides an overview of temporary protection.
A number of key developments drawn from the overview of the main changes that have taken place since the publication of the update on 2023 are set out below.
Asylum procedure
- Statistics: In 2024, there were 32,175 first applications for international protection (down from 38,377 in 2023). The overall recognition rate at first instance was 75.3% (24.9% refugee status, 46.8% subsidiary protection and 3.7% humanitarian protection).
- Growing backlog and pilot procedures: The backlog of asylum-related cases continued to grow in 2024 and there were more than 50,000 open cases as of February 2025. The number of cases that exceeded the 21-month time limit for a decision also increased. Pilot procedures implemented by the Immigration and Naturalisation Service (IND) to increase the speed and efficiency of decision-making have created problems, with applicants from certain countries receiving their decisions much faster and complicated requests being subject to long delays. The procedures have also resulted in less predictable interview and decision dates.
- Extension of the time limit to issue an asylum decision: The time limit for decision-making was extended for a third time (from six to 15 months) in December 2023. Preliminary questions on the conditions required for EU member states to adopt these measures have been referred to the Court of Justice of the EU.
- New credibility assessment: A new “credibility assessment” for asylum claims, which was introduced in July 2024, has raised concerns about a possible excessive burden on applicants. The new assessment requires applicants to provide “objective evidence” that is authentic, original and fully supports the facts underlying their claims. If such evidence is not provided, applicants must meet the five criteria included in Article 4(5) of the Qualification Directive.
- Safe countries of origin: India, Georgia, and Trinidad and Tobago were removed from the Netherlands’ list of safe countries of origin in 2024.
- Safe third countries: Rwanda and Jamaica were removed from the Netherlands’ list of safe third countries in 2024 while Chad, Ethiopia and Ghana were added to it.
Return decisions
- Return decisions: In 2024, the Council of State ruled that in cases in which an asylum application has been rejected on the grounds that the applicant could not prove their nationality, the alleged country of nationality may also serve as the country of return, even if it has not undergone a refoulement assessment.
Reception conditions
- Reception conditions: In 2024, less than half of asylum applicants and beneficiaries of international protection who had not yet been offered housing were accommodated in regular Central Agency for the Reception of Asylum Applicants (COA) reception centres. All other people stayed at COA-managed emergency locations or crisis emergency locations and/or temporary reception locations managed by municipalities. Various reports have shown that the majority of (crisis) emergency locations still failed to meet the obligations under EU law, including inadequate facilities, lack of privacy, tranquillity and suitable nutrition; inadequate sanitary facilities or problems with healthcare accessibility. There were also significant differences between different (crisis) shelters.
- Ter Apel: No asylum applicants were forced to sleep in the open air outside the Ter Apel reception centre in 2024. However, the centre was almost continuously over capacity. On numerous occasions in April, May and September 2024, applicants had to sleep in container cabins. In September, applicants only avoided having to sleep outside because a neighbouring municipality provided a sports hall as a temporary shelter for one night.
- Reception of vulnerable people: NGOs have reported that some vulnerable people were accommodated in (crisis) emergency locations in which their (medical) needs could not be met. In 2024, there was a 65% increase in the number of children who were being accommodated in (crisis) emergency locations compared to the previous year.
- Reception of unaccompanied minors: Reports of overcrowding in the facilities for unaccompanied minors in the Ter Apel reception centre continued in 2024. The Minister for Asylum and Migration expressed her concern about the shortage of structural reception places for unaccompanied minors.
- Enforcement and Supervision Location: In 2024, the Council of State ruled that although the placement of individuals in the Enforcement and Supervision Location (HTL) does result in a restriction of freedom of movement, it does not constitute a deprivation of liberty.
Detention of asylum applicants
- Statistics: 4,400 asylum applicants were detained in 2024.
- Shortage of staff: In 2024, a shortage of staff in detention centres resulted in detainees having to spend increased time in their cells on numerous occasions. There was also a short period when no new detainees were accepted.
Content of international protection
- Family reunification: A stricter policy for family reunification with adult children came into effect in July 2024. In November 2024, the Council of State ruled that (1) contrary to the IND’s policy, a broken family tie between a parent and child may be restored; (2) a family tie to may be considered broken if a young adult child has been living separately for a long time and has been proven to ‘shape’ their life independently; and (3) the mere fact that a family member has entered and is staying in the Netherlands is not a ground to reject an application for family reunification. In addition, there was a significant backlog of applications for family reunification in 2024 (applications filed in November 2024 are not expected to be processed before February 2027).
- Permanent asylum permit: In December 2024, the government published a draft legislative proposal to abolish the permanent asylum permit.
Temporary protection
- Reception capacity: The initial/general reception centre (HUB) at Utrecht Central Station was permanently closed in February 2024. If a displaced person reports to a municipality and no reception place is available, the municipality must contact the Regional Coordination Centre for Refugee Distribution (RCVS). If no reception places are available in the region, the RCVS must submit a request to the Coordination of Information Ukraine (KCIO)/National Centre for Refugee Distribution (LCVS). However, NGOs have received reports that municipalities have refused reception to displaced people without first contacting these bodies. As registration in the Personal Records Database (BRP) is not possible for people who have not been able to find a municipality in which they can be accommodated, they could be left without immediate access to temporary protection.
- Access to asylum: Following a moratorium on returns that existed between February 2022 and February 2023, unsuccessful asylum applicants were not forced to return to Ukraine. Although this measure was not formally extended in 2023, the government has not yet taken any measures relating to forced returns to Ukraine.
- Financial contribution to municipal shelter: As of July 2024, adult beneficiaries of temporary protection who have income from work or receive benefits or an allowance from the government are required to contribute financially to their shelter in a municipality. The new measure is subject to a six-month run-in period.
The full report is available here and the annex on temporary protection is available here.
For more information about the AIDA database or to read other AIDA reports, please visit the AIDA website.
