IND must still process 140,000 Ukrainian applications
A European ruling forces the Netherlands to resume large numbers of deferred asylum procedures.
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The Netherlands must still assess the asylum applications of more than 140,000 Ukrainians on their substance. The cabinet does not want to give that group priority for the time being, putting additional pressure on an already overstretched IND following the ruling by the Court of Justice of the European Union.
On 1 October, the Court of Justice of the European Union ruled that member states may not automatically suspend the processing of an asylum application for as long as someone enjoys temporary protection. The ruling arose from a Dutch case involving a person who had been granted temporary protection but had also applied for asylum. According to the court, the two procedures must be able to exist alongside each other.
The Netherlands linked temporary protection for many people from Ukraine to the submission of a regular asylum application. Those applications were subsequently put on hold in practice. Temporary protection provided immediate residence and access to services, but did not mean that the regular application had been assessed on its substance.
According to NOS, the ruling affects more than 140,000 Ukrainian applications. This concerns a group that is much larger as a result of the Dutch procedural choice than in various other European countries. The European court did leave room for a phased approach when a sudden large volume of applications demonstrably exceeds implementation capacity.
Minister for Asylum and Migration Bart van den Brink therefore wants to process new applications first. The existing applications on the waiting list must then be dealt with; only afterwards does he want to give the Ukrainian group priority. According to NOS, the minister says that the Netherlands must process the applications, but that not everyone has to be dealt with immediately.
Since the introduction of the European migration pact, the IND has already been using a new order of processing. New applications are given priority in order to meet European decision deadlines, while older cases are subject to a multi-year approach. The service has warned that prioritising new applications extends the waiting time for older files.
The ruling does not automatically mean that all applicants will receive a residence permit. Each application must be assessed individually. Temporary protection also remains a separate arrangement: rejecting an asylum application does not automatically end that protection for as long as the European scheme applies. In the coming weeks, it should become clear how the cabinet translates the ruling into legal and practical policy.
One story, several perspectives
What is established
- The Court of Justice prohibited a general automatic suspension of these asylum procedures.
- The Dutch government wants to process the group in phases and not give it priority for the time being.
- The IND already has a prioritisation system in which new applications are given priority.
Left
Arguments Every asylum seeker should receive an individual decision within a reasonable period. Ukrainians must not be left waiting for years because the Netherlands linked temporary protection to a regular application.
Values Equal legal protection, access to asylum and humane treatment.
Consequences Faster processing could place additional strain on the IND, but prolonged delays undermine trust in the rule of law.
Centre
Arguments A phased approach is defensible as long as it remains transparent, legally reviewable and temporary. Implementation capacity should be decisive, not political preference for a particular group.
Values Legal certainty, feasibility and institutional care.
Consequences The backlog can be made manageable, but prioritisation will inevitably mean that some groups wait longer.
Right
Arguments New arrivals and European obligations must first be processed in an orderly manner. The government must prevent an exceptional procedural legacy from further paralysing the entire asylum chain.
Values Control, national feasibility and limiting migration pressure.
Consequences Ukrainian applicants will wait longer, but the IND can direct capacity towards current arrivals and statutory deadlines.
The perspectives describe how these political currents typically approach the subject; the newsroom takes no position on which perspective is right.
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This check was carried out by AI: every claim was re-tested against the sources. Even an approved article can contain errors — stay critical.
The core facts can be found directly in the ruling, at the IND and in reporting on the cabinet’s response. The exact number of applications and the final timetable remain dependent on Dutch implementation decisions.
- confirmed The European Court of Justice prohibited the automatic suspension of asylum applications from people with temporary protection. — This is stated in the ruling and the court’s official press release. source
- confirmed The cabinet does not want to process Ukrainian applications first. — NOS quotes Minister Van den Brink on the proposed order. source
- confirmed More than 140,000 applications are affected by the ruling. — This figure is reported by NOS; the ruling itself concerns an individual Dutch case. source
- confirmed Rejecting an asylum application does not automatically end temporary protection. — The court describes the procedures as separate and existing alongside each other. source
Editor's note
The ruling and the policy response have been confirmed. The figure of more than 140,000 comes from reporting by NOS; the IND’s precise implementation order has not yet been published.Sources
- International protection: automatic suspension of asylum applications is unlawful — Hof van Justitie van de Europese Unie
- Asielaanvraag Oekraïners moet behandeld worden, extra druk op asielketen — NOS
- IND gaat openstaande aanvragen versneld behandelen — Immigratie- en Naturalisatiedienst
More on this in Dutch media
- NOS — „asiel oekraïne”
- Het Parool — „asiel oekraïne”
- Trouw — „asiel oekraïne”