Building Knowledge for a Concerted and Sustainable Approach to Refugee Resettlement in the EU and its Member States

Aliens Act (2000)

Legal and administrative framework

The Aliens Act (Vreemdelingenwet) contains no specific provisions on resettlement. The invited refugees are given an asylum residence permit for a specified period of time as soon as possible on grounds of article 29, first section, subsection a.

Article 29

1. A residence permit for a fixed period as referred to in article 28 may be issued to an alien:

(a) who is a refugee under the terms of the Convention;

(b) who makes a plausible case that he has good grounds for believing that if he is expelled he will run a real risk of

  1. The death penalty or execution
  2. being subjected to torture or to inhuman or degrading treatment or punishment; or
  3. a serious and individual threat to the life or the person of a citizen as a consequence of indiscriminate violence in the framework of an international or internal armed conflict,

(c) who cannot, for pressing reasons of a humanitarian nature connected with the reasons for his departure from the country of origin, reasonably be expected, in the opinion of Our Minister, to return to his country of origin;

(d) for whom return to the country of origin would, in the opinion of Our Minister, constitute an exceptional hardship in connection with the overall situation there;

(e) who belongs, as husband, wife or minor child, to the family of an alien as referred to in (a) to (d), has the same nationality as that alien and has either entered the Netherlands at the same time as this alien or has entered it within three months of the date on which the alien referred to in (a) to (d) was granted a residence permit for a fixed period as referred to in article 28.

(f) who as partner or adult child is so dependent on that alien, as referred to in (a) to (d), that for this reason he belongs to the family of the alien, has the same nationality as this alien and has either entered the Netherlands at the same time as this alien or has entered it within three months of the date on which the alien referred to in (a) to (d) was granted a residence permit for a fixed period as referred to in article 28.

Files attached to this content:

The Aliens Act 2000 in Dutch