Council of State Issues Ruling on Termination of Temporary Protection for Non-Ukrainians

The Council of State, serving as the highest administrative judicial authority in the Netherlands, delivered its verdict on the pilot cases concerning the IND’s decision to end the temporary protection by September 4, 2023 for non-Ukrainians holding a temporary residence permit in Ukraine.

The Council of State rules the Minister did not have the authority to make such a decision. By encompassing this specific group within the scope of the Temporary Protection Directive in March 2022, they became subject to the same regulations applicable to, among others, Ukrainians falling under the Directive, including provisions regarding the duration of the temporary protection measure.

However, the Council of State also rules that the temporary protection for this group will automatically stop on March 4, 2024. According to the Council of State the Directive’s provisions stipulating that after the initial two years, an executive decision from the European Council is required to extend temporary protection for non-Ukrainians holding temporary residency in Ukraine for an additional year until March 4, 2025, as was done for Ukrainian citizens.  

This decision was reached on October 19, 2023, a time when the Netherlands had already stopped providing temporary protection to non-Ukrainians possessing a temporary Ukrainian residence permit. Consequently, the Council of State states that the group of non-Ukrainians previously granted temporary protection is excluded from the extension decision.

Everaert Advocaten is presently conducting an in-depth analysis of the ruling to ascertain its implications on pending cases.

For any questions, kindly reach out to Lotte van Diepen or Thomas van Houwelingen-Boer.