The Dutch Council of State, the highest judicial authority in the country, has upheld the right of the Immigration and Naturalisation Service (IND) to deny residency to Syrian refugees who return to their homeland after seeking asylum.
This landmark decision was prompted by the case of a Syrian woman who made multiple trips to Assad-controlled areas after applying for asylum.
The ruling reflects the government’s increasingly strict stance on immigration and asylum. The Immigration and Naturalisation Service (IND) argues that voluntary returns to Syria suggest these individuals do not genuinely fear persecution, making them ineligible for continued protection under Dutch law.
That said, authorities argue that by returning to Syria, refugees demonstrate that the danger they claim to face is not as severe, thereby weakening their cases for international protection.
Geert Wilders, leader of the Netherlands’ most prominent right-wing party, quickly expressed his approval on X, aligning with many Dutch citizens who favour tighter restrictions on Syrian asylum seekers. However, this decision has sparked significant anxiety among the Syrian refugee community.
Many have taken to Facebook to express their fears, especially those who have already visited Syria. Online discussions reveal a deep divide within the community, with some supporting the ruling while others oppose it, highlighting the growing tension and uncertainty for Syrian refugees in the Netherlands.
Noor Al-Naji, a refugee awaiting his second interview to finalise his asylum process, voiced his frustration and concern about the asylum situation in the Netherlands during an exclusive interview with The New Arab.
Having lived in a refugee camp (AZC) in Amsterdam for nearly a year, Noor expressed his disappointment with the influx of people he refers to as “shabiha” — supporters of the Assad regime.
Noor argues that the presence of regime loyalists undermines the integrity of the asylum system, believing they do not genuinely deserve asylum. His frustration is intensified by his long wait to reunite with his family in Lebanon. He views the recent ruling on asylum as a troubling sign that policies may become even stricter in the future.
Moreover, Noor highlights that many people he has met in the camp are from areas like Tartus and Latakia, which he considers relatively safe and largely unaffected by the conflict. He criticises the asylum process for focusing too heavily on nationality rather than evaluating individual circumstances.
Noor advocates for a more rigorous approach towards Assad supporters who repeatedly travel back to Syria through Lebanon. He has heard stories in the camp about individuals visiting Syria during the past summer, which raises doubts about the legitimacy of their asylum claims.
As a vocal opponent of the Assad regime, Noor’s personal experiences and observations have led him to call for stricter reviews of asylum claims, especially for those with ties to the Assad regime.
The endorsement of this policy by the Dutch Council of State suggests that asylum and immigration policies may become even stricter soon. This shift is expected to be more pronounced with the upcoming budget announcement and the introduction of new, tougher laws regarding asylum and immigration.
These changes are anticipated during the annual budget presentation on the third Tuesday in September, potentially bringing significant changes to how the Netherlands handles refugee and asylum cases.
Support for the recent ruling also comes from figures like Amer Alomari, a well-known activist and translator. Working with the municipality of Utrecht, Amer stated, “I support the revocation of asylum for anyone involved in the torture, killing, and displacement of Syrians.”
He noted that many individuals who have committed crimes against Syrians, in collaboration with the Assad regime, are residing in the Netherlands. However, without concrete evidence and proof of their crimes, these individuals fall under the realm of freedom of expression.
Amer pointed out that travel and tourism agencies estimate about 25,000 people from Europe have travelled to Syria this year, a situation he believes the Dutch government is aware of.
The high-profile case of a Syrian woman whose asylum was revoked, which attracted significant media attention, served as a catalyst for broader scrutiny of Syrian asylum cases in the Netherlands.
Amer predicts that Dutch immigration policy will become increasingly strict as this issue continues to develop, viewing this as just the beginning of a phase where authorities will seek more evidence and legal loopholes to refine asylum decisions and tighten policies.
The issue of Syrian refugees returning to their home country remains a contentious topic across European asylum countries. Some nations have classified Damascus and other cities as “safe,” while human rights organisations report numerous cases of returning Syrians being detained by security forces, with some dying due to torture. Many Syrians who consider returning have deep fears of arrest and torture.
Recently, Joachim Stamp, Germany’s Federal Commissioner for Migration, warned refugees against travelling to their countries of origin for leisure or vacations, stating that such actions could lead to the revocation of their protection status and possible expulsion from Germany.
Stamp emphasised that while Germany should remain open to the world, it should not be “naive” about the risks associated with such travel.
Dutch journalist Daphne Horn has also weighed in on the issue, noting that the Dutch government is aware of the ongoing problem of Syrians entering Syria through Lebanon, a situation that has persisted for some time. Horn believes this awareness will likely lead to a gradual shift in Dutch policy regarding Syrian refugees.
Despite the Dutch government’s stance that Syria remains unsafe, the fact that some European countries classify certain regions in Syria as “safe” could prompt a reassessment of the Dutch approach. However, Horn does not expect major changes soon, especially given recent discussions about the influx of Syrian refugees into the Netherlands and the perception that the country is more lenient compared to other European nations.
Horn pointed out a contradiction in the current system: refugees claim their home country is dangerous during asylum interviews with the IND, which leads to their protection being granted, yet they later return to visit the same country they said was dangerous.
This paradox has led the Dutch government to reconsider its policies, applying a more stringent, case-by-case evaluation. Horn noted that this strict approach, already implemented for Yemeni refugees, is expected to be increasingly applied to Syrian refugees as well.
Currently, more than 150,000 people of Syrian descent live in the Netherlands, with many arriving as refugees between 2014 and 2016.
According to the most recent data, Syrians (whether naturalised or non-naturalised) make up around 0.9% of the Netherlands’ population of 18 million.
Mouneb Taim is a producer and journalist from Damascus, Syria. He was awarded TPOTY’s Photographer of the Year and ICFJ’s Best Young Male Journalist in 2020
