Netherlands can deport non-Dutch citizens from Ukraine

European Court of Justice Rules on Temporary Protection for Third-Country Nationals in the Netherlands

In a landmark decision on April 9, 2024, the European Court of Justice (ECJ) ruled that the Netherlands can withdraw temporary protection from third-country nationals who were living in Ukraine before the Russian invasion. This ruling has caused a stir among aid groups and individuals affected by the decision.

The ECJ's ruling determines that the Dutch government can cease providing accommodation to third-country nationals who were residing in Ukraine prior to the invasion. This includes foreign students, workers, and people married to Ukrainians who came to the Netherlands after the invasion. Earlier this year, these individuals were ordered to return to their home countries.

The ECJ's advocate general had previously reached a similar conclusion in October. However, the ruling has brought clarity to a mishmash of conflicting legal decisions that had caused confusion about the rights of these third-country nationals to stay in the Netherlands.

The ECJ's ruling states that the temporary protection scheme in the Netherlands, introduced after the Russian invasion of Ukraine, is exceptional and should be reserved for mass influxes of displaced persons. The court's ruling allows a member state, in principle, to withdraw the benefit of optional temporary protection from individuals who have been granted it.

However, the ruling does not address the potential impact of the withdrawal of temporary protection on the social and economic integration of affected individuals in the Netherlands. It also does not clarify whether the temporary protection scheme can be reinstated for individuals once it has been withdrawn.

The consequences of the Dutch government deciding to end temporary protection include the loss of rights to work, education, and accommodation for individuals from third countries. Aid group MiGreat has expressed shock at the ECJ's verdict, stating that it implies acceptance of discrimination on the basis of nationality by EU judges.

Roos Ykema, director of MiGreat, expressed her concerns about the ruling to news agency ANP. It remains unclear how the Dutch government intends to address the situation of third-country nationals who have been living in the Netherlands since before the Russian invasion of Ukraine.

The European court's ruling does not specify any exceptions or conditions for the removal of third-country nationals from the Netherlands. The ruling is in response to a referral from the Council of State regarding the rights of third-country nationals who came to the Netherlands after the Russian invasion of Ukraine.

It is not clear at this time whether other EU member states will follow a similar approach regarding their temporary protection policies. The ECJ's ruling does not indicate whether other EU member states are allowed to do so.

This decision comes at a time when the world is grappling with the ongoing crisis in Ukraine, and it raises questions about the rights and protections afforded to individuals displaced by conflict. As the situation continues to evolve, it is important to monitor how the Dutch government addresses the needs of affected individuals and ensures their rights are upheld.