Monday 18 January 2021

Few people granted refugee status by appeal to IND discretionary powers

Photo: Depositphotos.com

Just a handful of failed asylum seekers have been given the right to stay in the Netherlands since the discretionary power to grant residency status was moved from the minister to the head of the immigration service.

New justice ministry figures show that fewer than five people have been given a discretionary residence permit this year.

Before the change was made in 2019, around 100 people a year would be allowed to remain in the Netherlands despite not meeting all the criteria to claim asylum.

The change was made when ministers agreed to temporarily widen and then abolish the amnesty for well-rooted child refugees.

That agreement also stated that the minister in charge of refugees will lose his or her discretionary powers to grant asylum in the case of exceptional cases which do not meet the rules. Instead the IND is now able to ask the advice of an independent panel.

The justice ministry figures do not give an indication of how many people claimed exceptional case status,

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