Consequences of the decision and departure moratoria
The IND will temporarily not decide on asylum applications from Ukrainians. It has also extended the decision period for pending and new asylum applications by 1 year. This means that the IND will have 1 year longer to take a decision. The IND will also not consider Ukraine a safe country of origin for 6 months. The IND is currently examining whether it is still possible to continue holding interviews. And whether the IND can still take a positive decision in some cases. For example, if you have already had a detailed interview in which it became clear that you have a right to protection.
Ukrainian asylum seekers whose application has been processed
Are you Ukrainian, is your entire asylum process over and have you received a negative decision (exhausted all legal means)? Then you are not obliged to return to Ukraine during the departure moratorium.
When the decision and departure moratoria do not apply
Not all Ukrainian asylum seekers (who have exhausted all legal means) fall under the moratoria. The moratoria do not apply in the following situations:
- Another EU member country is responsible for their asylum application (Dublin). For example, because they have already applied for asylum in that EU country. Alternatively, because they have a visa issued by that EU country.
- The person concerned already has protection in another EU country. Or has been recognised as a refugee in another country or already has 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 with an unknown destination. This means that the IND does not look at the contents of the case. In this case, the asylum seeker does come under the departure moratorium. The person does 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.