The Council of Ministers discussed the advice of the Council of State regarding the plans. Concerns were raised about uncertainties in the implementation. But I have one certainty, said Minister Faber: This cannot continue any longer. The entire system is stuck, we must act as quickly as possible. This is what the Dutch want: a fundamental shift in policy to limit inflow and promote return.
Asylum Emergency Measures Law
Minister Faber sent two legislative proposals to the Council of State for advice at the end of last year. The Asylum Emergency Measures Law includes, among other things, the abolition of permanent residence permits, limiting the validity of asylum permits to three years, expanding the declaration of undesirability, strict conditions for family reunification, and measures to make asylum procedures more efficient.
This law has been tightened by the minister regarding the abolition of the preliminary procedure. This relieves the IND, provided that the objection is also abolished. This imperfection has been corrected with a technical adjustment.
The explanatory memorandum of both laws has been supplemented for clarification. This has been done based on the follow-up reports prepared by the minister following the advice of the Council of State. Legal references have also been added, and case law is referenced. These additions do not change the content of the laws.
Two-Status System
In addition, a so-called two-status system is proposed. The legislative proposal distinguishes between refugees and people who receive protection on other grounds. This provides additional opportunities to reduce the inflow of family reunification for people in that second group.
A large group of people is currently waiting abroad to come to the Netherlands. This legislative proposal will impose more conditions on family reunification for part of this group, such as a waiting period of two years, the availability of housing, and income.
Costs
A total of €115 million is needed to implement and make the laws enforceable. €101.8 million is needed for the two-status system and €13.3 million for the asylum emergency measures law. The amount is higher than previously anticipated, as not only the costs for the IND but also those of the judiciary have been included. Minister Faber: This is an investment that will save a lot of money in the long run.
Other Measures
Earlier, measures have already been taken or announced, such as the introduction of border controls, expanding the possibilities to deport criminal foreigners - including minors - an opt-out for future changes in European asylum treaties, and the termination of the National Aliens Provision as of January 1.
Clear Signal
Minister Faber: All these measures together send a clear signal. This cabinet is steering towards the strictest asylum regime and the strictest admission requirements ever. The cabinet expects that these measures will contribute to reducing inflow and also have a positive effect on return. This concerns foreigners who have no right to stay and foreigners who can return when the security situation in their country of origin improves. With less inflow and more return, the pressure on asylum reception and the asylum chain decreases, and thus the pressure on housing, care, and education.