Temporarily no decisions on asylum applications Ukrainians
Consequences of the decision moratorium
The IND will not decide on asylum applications from Ukrainians until 28 August 2023. We have also extended the decision-period for pending and new asylum applications with 21 months. This means that the IND will have more time to decide. The IND will also not consider Ukraine a safe country of origin until 28 August 2023. The minister for Migration wrote this in a letter to the Dutch parliament on 16 March 2023 (in Dutch only).
When the decision moratorium does not apply
Not all Ukrainian asylum seekers fall under the moratorium. The moratorium does not apply in the following situations:
- Another EU member state is responsible for your asylum application (Dublin). For example, because you have already applied for asylum in that EU country. Or because you have a visa issued by that EU country.
- You already have protection in another EU country. Or have been recognised as a refugee in another country or already have a residence permit somewhere else.
- The IND stops considering the application because, for example, you did not go to your interview. Or because you left to an unknown destination. This means that the IND does not look at the contents of the case. You do not have to leave the Netherlands for now.
- The IND has rejected the application on the grounds that the person concerned committed war crimes. Or because they are a danger to the public order or national security.
Departure moratorium cannot be extended
The departure moratorium that applied until 28 February 2023 cannot be extended. What this means for Ukrainians who have received a negative decision has yet to be determined. Until this is clear, they are not obliged to leave the Netherlands.