Analysis of the Letter of 3 June 2025 and Relevant Jurisprudence
Abstract
Based on a ruling by the Court of Justice of the European Union (CJEU) and a subsequent decision by the Administrative Jurisdiction Division of the Council of State of the Netherlands (Afdeling bestuursrechtspraak van de Raad van State) on 23 April 2025, the Dutch State Secretary for Justice and Security sent an explanatory letter to the House of Representatives on 3 June 2025 regarding future policy for third-country nationals who were legally residing in Ukraine. This article examines the legal and administrative consequences of the termination of temporary protection (RTB) as of 4 March 2024 and the implementation of a phased return policy from 4 September 2025.
Introduction
The temporary protection granted by the Netherlands since 2022 to Ukrainian refugees was also extended to a group of third-country nationals who were in Ukraine on a temporary residence permit before the war. This interpretation of Directive 2001/55/EC gave rise to legal disputes, particularly regarding whether this group should fall under the protection provided by the directive.
The legal status of so-called ‘derdelanders’—foreign citizens who resided in Ukraine but do not hold Ukrainian citizenship—became the subject of legal proceedings, resulting in definitive interpretations at the EU and national levels.
Legal Basis
In its judgment in Case C-392/22 (X v. Netherlands), delivered on 1 February 2024, the CJEU confirmed that terminating temporary protection is permissible, provided that procedural safeguards are respected. Specifically, it was stated that a return decision (terugkeerbesluit) can only be issued after the formal termination of temporary protection.
On 23 April 2025, the Dutch Council of State affirmed the CJEU’s position: the termination of protection as of 4 March 2024 was lawful, but the return decisions issued by the Immigration and Naturalisation Service (IND) before that date were premature and must be withdrawn and reissued in compliance with all legal procedures.
Policy Consequences as of 3 June 2025
In the letter dated 3 June 2025 (ref. 6413309), the State Secretary announced that the measure to ‘freeze’ the enforcement of return decisions will end on 4 September 2025. This decision is justified by the need to ensure legal certainty and to allow time for administrative preparation by the IND, municipalities, and other bodies.
Depending on the individual’s legal situation, third-country nationals are divided into three main categories:
Individuals with no pending legal remedies
For them, previously issued return decisions have become final. No new decisions will be issued. These individuals will be notified in writing that the ‘freeze’ is ending and will be required to leave the country within four weeks of 4 September 2025. From that moment, the right to work is lost, but the right to shelter is maintained until the voluntary departure period expires.
Individuals with pending appeals
For this group, the IND will issue new return decisions that comply with the requirements arising from the CJEU’s judgment. Until such decisions become final, they retain their right of residence and, in some cases, the right to work. This means that after 4 September 2025, some of these individuals may continue to stay in reception centres if their procedure is still ongoing.
Individuals with pending asylum or regular residence permit applications
These individuals are entitled to remain in the Netherlands pending a decision on their application. Asylum seekers can receive reception through the COA (Central Agency for the Reception of Asylum Seekers). Those who have applied on other grounds (e.g., family reunification, study) will be required to provide for their own housing and subsistence after losing their right to reception under the RooO.
Legal and Social Assessment
The proposed government regulation aims to combine legal certainty with administrative feasibility and complies with both the formal requirements set by the CJEU and national case law. At the same time, it highlights the need for legal protection for the most vulnerable categories of migrants, especially those with insufficient integration or means of subsistence.
Migration lawyers are expected to play a key role in assisting this client group, including in the timely filing of applications, initiating new procedures, and monitoring compliance with deadlines and procedural rights.
Conclusion
With the end of the ‘freeze’ measure and the resumption of return procedures from 4 September 2025, a special period of legal uncertainty for third-country nationals comes to an end. Although the legal framework has been established by the highest courts, its practical implementation will depend on the quality of administrative decisions and the availability of qualified legal assistance.
Sources:
- CJEU, 1 February 2024, Case C-392/22 (X v. Netherlands).
- ABRvS, 23 April 2025, ECLI:NL:RVS:2025:XXXX.
- Letter from the State Secretary of 3 June 2025, ref. 6413309.
- Directive 2001/55/EC on temporary protection.
- Regulation on the Reception of Displaced Persons from Ukraine (RooO – Regeling opvang ontheemden Oekraïne).
