Tuesday September 3, 2024
Asylum seekers at the registration centre in Ter Apel. Credit ANP
AMSTERDAM, Netherlands (HOL) — The Netherlands is seeing a surge in the rejection of asylum applications, including those of Somali refugees, following the introduction of new guidelines by the Immigration and Naturalization Service (IND). These changes, which took effect on July 1st, have sparked widespread concern among asylum lawyers and human rights organizations who fear the new approach could disproportionately affect vulnerable groups.
The new policy, introduced by former State Secretary for Asylum Erik van der Burg, aims to tighten the criteria for granting asylum, leading to an increase in the number of rejected applications. Lawyers and experts, however, warn that the changes may backfire, resulting in a heavier workload for the IND as many rejected cases could be overturned on appeal.
A key aspect of the new guidelines requires asylum seekers without identification documents to meet five specific credibility criteria. Previously, these criteria served as guidelines, but they have become a rigid checklist. Legal psychologist Tanja van Veldhuizen, who has studied the IND's procedures, expressed concern that this approach could unfairly penalize those fleeing conflict zones, like Somalia, where documentation is often impossible to obtain.
Van Veldhuizen highlighted that many Somali refugees discard their identification papers to avoid detection by smugglers or authorities. "This may seem unreasonable at first glance, but the reality is that many are forced to make this choice in order to survive," she said. The guidelines also stipulate that refusal to answer specific questions can be grounds for rejecting an asylum claim, which Van Veldhuizen believes could further disadvantage those who have suffered trauma or fear retribution.
The impact of these new guidelines is already being felt by Somali asylum seekers, particularly women and children who are fleeing threats from terror groups like Al Shabaab. One recent case involves a Somali minor whose asylum application was rejected despite presenting evidence of her family's persecution. The girl had fled to Mogadishu to escape forced marriage to an Al Shabaab leader, only to have her family home attacked and her cousin, who helped her escape, murdered.
Asylum lawyer Maartje Terpstra, who represents the girl, criticized the IND's decision, arguing that such cases highlight the flaws in the new guidelines. "I'm certain she would have been granted asylum before these changes," Terpstra said, warning that the new policy will lead to an increase in appeals and additional strain on the already overburdened asylum system.
The new guidelines have also led to the rejection of Afghan women asylum seekers, who were previously recognized as a vulnerable group. According to asylum lawyer Bart Toemen, this shift marks a troubling departure from previous policy, where entire groups, such as Somali women or Afghan women, were granted asylum due to the high risk they faced in their home countries. "Now, each individual must prove their case, which can be incredibly difficult given the circumstances they are fleeing from," Toemen said.
The IND has defended the new guidelines, stating it is too early to determine their long-term impact. However, Somali advocacy groups and refugee organizations are concerned that the stricter criteria will lead to more unjust rejections and potentially put vulnerable asylum seekers at greater risk if they are forced to return to dangerous environments.
Minister Marjolein Faber of Asylum and Migration responded to these concerns by emphasizing that the new guidelines are intended to ensure that only those with legitimate claims are granted asylum. "It's important that the process is fair and thorough, but we must also ensure that the system is not overwhelmed by fraudulent claims," Faber said, adding that rejected applicants have the right to appeal.