The Court has also ruled on the loan policy. Under the Wi2013, asylum status holders must repay (part of) the loan they received for integration costs if they do not complete their integration on time. The Court states: With the loan, which in principle requires the asylum status holder to bear all costs of integration courses and exams, an unreasonable burden is imposed on the asylum status holder.
Background question of the Council of State
The Court issued its ruling on February 4, 2025, in response to questions from the Council of State (RvS). The Council had posed questions to the Court of Justice in March 2023 regarding the Dutch integration policy under the Wi2013. Under this system, asylum status holders can receive a fine if they do not complete their integration process within the legal timeframe of 3 years. In that case, they must also repay (part of) the loan they received earlier for integration costs. The RvS wanted to know whether this is permitted under a European qualification directive, which prescribes free access to integration programs.
Collection of fines previously suspended
DUO had already suspended the collection of fines and the recovery of loans from asylum status holders that were outstanding on or after March 23, 2023, until the outcome of this procedure is known.
Possible consequences
The Ministry of JenV is now studying the possible consequences of the ruling for the integration policy. The RvS is still to rule in the specific case of the asylum status holder who appealed against a fine and the recovery of the loan. This case prompted the questions to the Court. There are still more than 18,000 asylum status holders subject to integration obligations under the Wi2013.
Current integration system
The ruling pertains to the Integration Act 2013. In 2022, the Integration Act 2021 (Wi2021) came into effect. Under this law, asylum status holders no longer need to apply for a loan. However, they can still receive fines if they do not obtain their diploma on time. Whether the ruling affects the Wi2021 is something the Ministry is considering in its study.
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