Return - IOM Publications - International Organization for Migration

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THE NETHERLANDS
It is to address these declining numbers that the government is introducing a more comprehensive
approach to return in 2004 which, based on a Ministry of Justice policy report in November
2003, 4 focuses on the problem of long-term asylum seekers. As anticipated above, the government
has declared a special amnesty for some asylum seekers whose applications are still under
consideration. But this would be accompanied by stricter enforcement of return for those not
eligible for the amnesty, improved border control, better promotion of return at various stages of
the asylum process, more efficient return procedures and measures at the international level to
make the return more effective.
1.2 LEGISLATIVE INSTRUMENTS AND PROVISIONS
The Aliens Act 2000 governing the admission and expulsion of non-nationals came into force in
April 2001. The essence of the law is that aliens, who have been rejected and have no further
recourse to the courts, can no longer avail themselves of state benefits, and have an obligation to
leave the country on their own volition. With the court’s rejection of the petition for asylum,
reception and all provisions are terminated within a period of 28 days after notification of rejection.
The negative decision imposes on the rejectee an obligation to leave the Netherlands. “The
policy is based on the principle that (preparation for) termination of reception provisions begins
once asylum seekers are legally removable or have no further possible recourse to the courts in
the first asylum procedure.” 5
However, a discontinuation of state provisions is not subsequently followed by the aliens’ repatriation.
The discontinuing of provisions is a result of a rejected asylum petition, but the repatriation
is still based on the effort of the rejectee and requires the cooperation of the country of
origin as well as the rejectee. It is therefore the person’s own decision to opt for repatriation to
his/her country of origin or to depart for an unknown destination.
If the foreigner opts for repatriation, he/she can rely on repatriation assistance from the Ministry
of Justice. Thus the guiding principle of the Dutch Repatriation policy is that foreigners unable
to remain in the country are primarily responsible for their own repatriation.
The Dutch Aliens Act
According to the Aliens Act 2000, a refusal of asylum application is followed by:
An automatic termination of the reception facilities (no longer any need for a termination
decision as under the old legislation);
Expulsion if the person concerned does not leave the Netherlands of his/her own volition (no
longer any need for an expulsion order);
Eviction from the accommodation centre in order to terminate reception facilities. 6
To sum up, any person not lawfully resident is required to leave the Netherlands on his/her own
volition within 28 days from the day of notification, thus making return the full responsibility of
the migrant. The legal obligation to leave the Netherlands commences when lawful residence