legal and social conditions for asylum seekers and refugees in ...

THE NETHERLANDS
LEGAL CONDITIONS
The legal basis
– The Geneva Convention of 1951 and New York Protocol of 1967;
– The Aliens Act of 13 January 1965, as amended in January 1994;
– The Aliens Decree as amended in January 1994;
– The Aliens Circular of 1994;
– The Dublin Convention, which has been in force in the Netherlands since September 1997.
– The Schengen Implementation Agreement, which has been in force in the Netherlands since
March 1995.
On 16 September 1999, the Dutch government submitted a new Draft Aliens Act to Parliament.
This Draft is currently under discussion, and it is expected to be adopted in the course of 2000,
although some amendments may yet be made. The government intends to have the new Act
ready to come into force at the beginning of 2001. The present section describes the situation as
it is at the time of writing, i.e. under the current Aliens Act of 1965, modified in 1994. A description
of the proposed legislation is enclosed below under “The new Aliens Act”, below, and the main
changes to come are also mentioned under their respective sections. More details on the new
Dutch aliens legislation can be obtained from the Dutch Refugee Council.
Refugee status
The only kind of refugee status granted in the Netherlands is Convention status. This is a
permanent status (A-status), although in practice, the residence permit has to be renewed every
year. The status can only be withdrawn if the refugee renounces to the protection granted, for
instance by moving back or spending holidays in his/her country of origin, or if it appears that the
refugee had lied on the circumstances, which made him/her leave his/her country of origin.
Although such provision exists in the Aliens Act, refugee status is not withdrawn when the
situation in the country of origin improves.
Quota refugees
The Netherlands receives a yearly quota of up to 500 refugees under an agreement concluded
with UNHCR.
Other types of residence permit
Residence permit for humanitarian reasons
Under certain circumstances a residence permit for humanitarian reasons may be granted to
aliens who do not meet the criteria of the Geneva Convention. This permit does not include any
recognition as a refugee under the Geneva Convention and does not entitle its holder to any of
the benefits and rights provided by the Geneva Convention. It is issued for one year renewable.
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The Netherlands