Dutch asylum policy to become more restrictive
“The asylum policy will become more selective and more restrictive,” Dutch Prime Minister Mark Rutte said at a press conference after a cabinet meeting in The Hague. The proposal was filed by Dutch Minister of Asylum and Immigration Gerd Leerds on 15 September. As a next step it will be discussed and voted by the Parliament.
If the proposals are approved, irregular immigrants could face four-month prison term or a 3800 Euro fine.
‘We doubt that these proposals are in accordance with European and international legislation.’ Dorine Manson of the Dutch Council for Refugees commented. ‘Imposing a criminal sanction, whether a fine or imprisonment, merely because you did not leave Netherlands on time, is against the European Return Directive and a too drastic measure, ” Manson added.
Commissioner Malmström mentioned in her answers to the parliamentary question posed by Dutch MEP’s that the “measuring board” would be Article 15 of the Returns Directive in combination with the decision of the Court of Justice of the European Union (El-Dridi 04/28/2011 (C-61/11 PPU) that concluded that the Directive precludes Member States from having legislation, which provides for a sentence of imprisonment to be imposed on an illegally staying third-country national on the sole ground that he or she remains, without valid grounds, on the territory of that State contrary to a return decision.
Minister Leers also proposed that only ‘direct family’ will be eligible for reunification, i.e. : spouse or common-law partner and children under the age of 18. Furthermore, a waiting period of one year will be introduced for people who want their family to join them in The Netherlands. Spouses who have joined their partners in The Netherlands would only obtain independent residence rights after they have lived in The Netherlands for five years.
It would also become also easier to return foreign habitual offenders: a person that has been convicted three times over a period of three years or more will be forced to leave the country. People who have committed a serious crime could be expelled, no matter how long they have been living in The Netherlands.
The government also announced plans to ban the burqa, and said it would oppose bids by Romania and Bulgaria to enter Europe’s visa-free Schengen zone.
