Dutch cabinet’s asylum plans will not reduce number of asylum seekers
The measures proposed by the Dutch cabinet to tighten its asylum policy may not directly result in fewer asylum seekers coming to the Netherlands. Mark Klaassen, Associate Professor of Immigration Law, explains why in current affairs programme ‘Nieuwsuur’.
95% of all Dutch asylum legislation is determined by EU law: it regulates who is eligible for international protection, which conditions the asylum procedure has to satisfy and what the guarantees are for a humane asylum reception. The part of the asylum policy that the national legislature can still influence in national laws and regulations is very limited.
Dr Klaassen argues that national legislation cannot actually ensure that fewer asylum seekers will come to the Netherlands. ‘There’s no magic switch the national legislature can turn to influence the number of asylum seekers.’ The measures proposed may make it just slightly less appealing for asylum seekers to settle in the Netherlands, though their effect should not be overestimated. Other Member States are taking similar measures that will make it more difficult to be much less appealing as a country of settlement by tightening the rules slightly.
Some examples are presented in the Nieuwsuur broadcast. While abolishing the indefinite residence permit may seem harsh, it has no direct impact on the number of asylum seekers coming to the Netherlands. Moreover, asylum permit holders can still qualify for a permanent residence permit on other grounds after five years of residence. The more frequent use of the pronouncement of undesirability does not seem to have a direct impact on how many asylum seekers come to the Netherlands either.
Finally, Dr Klaassen pointed out that since the vast majority of asylum law is determined at EU level, only a shared European strategy can achieve a measurable impact on the number of asylum seekers who ultimately apply for asylum in the Netherlands.