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  • You may await your lawsuit on stopping TPD in the Netherlands
Source: Ekaterina Bolovtsova
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You may await your lawsuit on stopping TPD in the Netherlands
Published at: 8/23/2023, 9:14 AM

If you have started a lawsuit because you disagree with your temporary protection being stopped on 4 September, you will not get a decision from the court in time. Read about the consequences for you here.

The court has not yet ruled on your lawsuit

An investigation regarding ending the Temporary Protection Directive is ongoing. This is also called a pilot. It is investigating whether ending temporary protection is permitted under European law. The pilot will not be finished by 4 September. Therefore, courts cannot make a final ruling on your lawsuit.

It is not clear when the pilot will be completed though and the court can make final decisions. Most likely, the highest court,

Click here for an additional explanation
the Council of State
, will issue a ruling in November. Only then can your lawsuit be heard as well.

This will happen on 4 September

If you have a lawsuit pending against the termination of your temporary protection, you will probably not have clarity on your lawsuit about your temporary protection by 4 September. Your temporary protection will be terminated for the time being, but nothing about your facilities will change. This means the following:

  • You may still stay in the reception centre for refugees from Ukraine in the Netherlands until the Council of State issues a ruling. 

  • You may continue to work until the Council of State issues its ruling. If you already have an asylum application pending then different rules apply.

  • Once the Council of State decides that your temporary protection ends, you still have 28 days to leave the Netherlands.

You can arrange this yourself to stay in the Netherlands

These are your various options: 

Waiting for your appeal in the Netherlands.

The

Click here for an additional explanation
Council of State
has ruled that anyone who has a lawsuit against the termination of temporary protection will be allowed to await the ruling in the Netherlands.

 You can apply for asylum 

In the Netherlands, you always have the right to apply for asylum. If you have previously decided not to apply for asylum but now want to continue with the asylum application, you can call the IND at telephone number 088 043 04 30. Employees of VluchtelingenWerk and your lawyer can help you with this.

You can return to your country of origin or a country where you have a permanent residence permit

You can return to your country of origin or a country where you have a permanent residence permit. You can get a financial contribution from the Dutch government for this, this is called the 'remigratieregeling' (remigration scheme).  

If you are leaving the Netherlands, your right to Temporary Protection stops, despite your lawsuit. Even if the court later decides that you were actually entitled to protection. You do still have the right to return to the Netherlands in the future, for example if you receive a regular work or study permit or apply for asylum in the Netherlands.

Staying in the Netherlands without a residence permit

If the Council of State stops your right to temporary protection, but you still stay in the Netherlands, you are in the Netherlands without a residence permit. You are in the Netherlands without permission from that moment on. The Aliens Police has the right to deport you. Without a residence permit you have no right to a place in a reception centre, work or financial support. You will lose your BSN number, health insurance and your bank account. You do have the right to medical care, but you have to pay for this yourself.