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Appealing termination of temporary protection still possible

Published at: 9/5/2023, 2:12 PM
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If you have a temporary residence permit in Ukraine, and have you received a letter from the Immigration and Naturalisation Service (IND) that your temporary protection in the Netherlands is ending, you can still appeal against the termination of your temporary protection.

Your right to temporary protection has stopped

Earlier, you received a letter from the

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stating that your temporary protection will end on 4 September 2023. This letter is called: the 'beschikking' (decision). It says that the IND has decided to end the temporary protection for you. You can
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appeal the decision.

Not all courts agree that your protection has stopped

Meanwhile, three courts have said that ending temporary protection is not allowed. One court has said it is allowed. This means it is not clear whether the Dutch government has the right to end your temporary protection. So the highest court in the Netherlands, the

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Council of State
, is going to look at whether or not the Dutch government is allowed to do this.

Your right to a place in a reception centre and work has not yet ended

Therefore, the Dutch government has decided that you can still stay in the reception centre and continue to work. You are no longer covered by the Temporary Protection Directive, but the government has put the IND's decision on hold. Therefore, until the Council of State makes a decision in November, you keep your right to:

  • Work

  • Stay in the reception centre for refugees from Ukraine

  • Care 

Note: The Council of State is likely to issue a ruling in November. The exact date is not yet known.

You can still appeal with the help of a lawyer

If you also disagree that the IND has terminated your temporary protection and you have not appealed yet, you can still appeal with the help of your lawyer. 

You can appeal if:  

  • You received a letter from the IND called a 'beschikking' (decision). The letter says you must respond within 4 weeks. Even after 4 weeks, it is sometimes possible to appeal. Ask your lawyer for advice.

  • You had a temporary residence permit in Ukraine based on study or work.

VluchtelingenWerk Nederland (VWN) can help you find a lawyer who can support you in this regard.

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