THE HAGUE, Netherlands (CN) — The highest administrative court in the Netherlands ordered the Dutch government to resume evaluating applications from refugees from the Palestinian Territories on Tuesday, saying the policy wasn’t based on up-to-date information.
In December, the Immigration and Naturalization Service announced it was pausing work on applications from Palestinian asylum-seekers, citing the uncertainty around the war in Gaza. While refugees already in the Netherlands were allowed to stay, their cases sat in limbo and they were unable to be reunited with their families.
The migration minister “has not clearly taken this available, more up-to-date information into account in justifying his decision to impose a moratorium,” the Council of State, the country’s highest general administrative court, wrote.
“It is uncertain how the (security) situation will develop in the coming period,” Migration Minister Eric van der Burg wrote in a letter to parliament when he announced the move in December.
The most recent information referenced in his letter, a report from the United Nations Office for the Coordination of Humanitarian Affairs, is from Nov. 5, 2023. There was no consideration for developments that took place between early November and mid-December.
“The information used in his decision was no longer current enough,” judges wrote in the decision.
Three Palestinian refugees appealed the pause. While they were allowed to continue living in the Netherlands during the moratorium, their applications were not considered, leaving them in limbo. The group was particularly concerned that they could not bring their families to the Netherlands until a final decision was made on their application.
The trio argued that the situation in Gaza was clearly unsafe and not temporary, asking the government to move forward with their applications.
The immigration service can temporarily halt the processing of requests if the situation in the applicant’s home country is unclear. Van der Burg implemented a six-month stop based on information available about the conflict in Gaza. It could be extended for as long as 21 months.
Under Dutch immigration law, refugees who are granted asylum can apply for their immediate family to join them once their applications have been granted. Other European countries, including Denmark and Belgium, have continued processing claims from Palestinians since Hamas' Oct. 7 attacks and the Israeli military response.
Arguments over family reunification for refugees toppled the Dutch government last July. The ruling four-party coalition was unable to agree on a series of measures restricting immigration. The center-right party of the prime minister, Mark Rutte, had called for a limit on how many family members could join refugees who were granted asylum — but that was a hard line for the Christian Union, which said they did not want to break up families.
The Immigration and Naturalization Service must now resume processing claims from Palestinians.
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