Cabinet: green light for Minister Faber’s asylum plans
The Dutch cabinet has approved the proposal by Minister Faber, the Minister of Asylum and Migration, to submit her asylum reform package to the House of Representatives. The package, which includes the Asylum Emergency Measures Act (Asielnoodmaatregelenwet) and the Dual Status System Act (Tweestatusstelselwet), marks another step towards implementing the strictest asylum policy in Dutch history.
The cabinet discussed the Council of State’s opinion on the plans, which raised concerns about uncertainties in their implementation.
Minister Faber remarked: ‘But one thing is for sure, this cannot continue. The entire system is gridlocked, and we must act swiftly. This is what Dutch people want: a fundamental shift in policy direction, reducing the number of asylum seekers entering the country and increasing the returns of those not entitled to stay.’
Asylum Emergency Measures Act
Minister Faber sent two legislative bills to the Council of State for an opinion late last year. The Asylum Emergency Measures Act includes provisions to abolish permanent residence permits, reduce asylum permit validity to three years, expand the declaration of undesirability, introduce stricter conditions for family reunification and measures to streamline asylum procedures.
Minister Faber has tightened this Act in relation to abolishing the intention procedure, easing pressure on the Immigration and Naturalisation Service (IND), provided that objections are also abolished. This gap has been addressed through a technical amendment.
The explanatory memoranda for both Acts have been supplemented for clarification, based on follow-up reports that the Minister prepared in response to the Council of State’s opinion. Legal citations and case law references have also been added. These additions do not alter the content of the legislation.
Dual status system
A dual status system is also being proposed. This legislative bill distinguishes between refugees and people granted protection on other grounds. This provides additional opportunities to reduce the influx of family members joining people in that second group.
A large group of people is currently waiting abroad to come to the Netherlands. For some of this group, this legislative bill will impose more conditions on family reunification, such as a two-year waiting period, housing availability and income requirements.
Costs
Implementing and making these laws enforceable will require €115 million in total: €101.8 million for the dual status system, and €13.3 million for the Asylum Emergency Measures Act. The amount is higher than previously anticipated, as it now includes costs for both the IND and the judiciary. Minister Faber: ‘This is an investment to save an enormous amount of money in the long run.’
Other measures
Previously announced or implemented measures include introducing border controls, expanding powers to deport criminal foreign nationals (including minors), opting out of future amendments to European asylum conventions, and ending the National Foreign Nationals Facility (Landelijke Vreemdelingen Voorziening) as of 1 January.
‘Clear signal’
Minister Faber: ‘Together, all these measures send a clear signal. This government is pursuing the strictest asylum regime and admission requirements ever. We expect these measures to help reduce the influx of asylum seekers and to also have a positive effect on returns. These include foreign nationals who have no right to stay and those who can return when the security situation in their country of origin improves. Lower influx and increased returns will also reduce pressure on asylum centres and the asylum chain, in turn easing pressure on housing, healthcare and education.’