Dutch government told to rule on 140,000 Ukrainian asylum claims

The European Court of Justice has mandated the Dutch government to handle the asylum applications of 140,000 Ukrainian refugees, adding strain to an already overwhelmed system. Ukrainians who fled during the Russian invasion in February 2022 are covered by the EU's temporary protection rules, granting them the right to reside, work, and receive healthcare in the Netherlands.

However, Dutch law requires them to apply for asylum, a step the immigration service IND has thus far avoided, as the temporary protection rules grant them superior rights. The European Court of Justice recently ruled that the Netherlands must process all asylum claims within 21 months, a requirement that applies to Ukrainian refugees as well.

This ruling stems from a case brought forth by a Chinese Uighur man who was married to a Ukrainian woman and lived in Ukraine with his family before the invasion. The court imposed a daily penalty of €100 on the Dutch government for each overdue decision, up to a maximum of €7,500. Asylum Minister Bart van den Brink acknowledged that the decision would impose "extra pressure" on the system but also recognized the need for time to process all 140,000 claims.

The Dutch government plans to handle the Ukrainian applications in reverse order, starting with those who recently arrived and proceeding through the 5,000 currently on the waiting list for a government response.