Citizens of third countries who arrived in the Netherlands from Ukraine after the outbreak of the full-scale war may lose their temporary protection status. This decision was made by the Council of State of the Netherlands, the country’s highest administrative court.
The court reviewed three separate cases in which foreign nationals challenged the Dutch government’s decision to stop granting protection to non-Ukrainians fleeing Ukraine, starting in March 2024.
Following the legal challenges, the Dutch authorities referred the matter to the Court of Justice of the European Union. In December 2024, the EU court sided with the Netherlands, stating that EU member states have the right to terminate temporary protection for third-country nationals who were temporarily residing in Ukraine—unlike Ukrainian citizens, stateless persons, and third-country nationals with permanent residency.
Based on this clarification, the Council of State ruled that, as of March 4, 2024, the Dutch government is entitled to end the provision of temporary protection for this group of migrants.
At the same time, deportation decisions issued prior to this date were annulled.
