Judge decides:
Minister must help 46 Palestinians reach the Netherlands
Some are already here, but a few months ago, a group of 46 Palestinians struggled to cross the border into Jordan. They had documents from the Dutch embassy that would have allowed them to come here to study or conduct research. Utrecht University expects nine students from Palestine.
The host universities felt that the government should provide the group with consular assistance. Wageningen University pleaded for three of them in a court case against the State. They lost the case, but appealed the ruling.
The only problem is that the appeal could take a long time, so even if they win, it will be too late. That is why they asked the court for a "provisional measure"; in other words, a provisional ruling on their request for assistance.
Outcome
A judge has ruled that the minister must assist them. After all, it is only a minor effort for her. The government could use diplomatic channels to facilitate the group's crossing into Jordan.
The judge considered the interests at hand: while the consequences for the Palestinians involved are significant (they will be unable to secure justice even if they appeal), the effort required of the government is minimal.
An earlier interim order was already issued in favour of two Palestinian students last March. They were due to come to Wageningen University for a master’s programme.
Asylum?
The ruling did not go down well with the right-wing VVD party, one of the cabinet's parties. It fears that the Palestinians will apply for asylum once they are here. The Ministry replied that asking for asylum is a legal right. Anyone can do that once they are here.
As for the interim relief, Foreign Secretary Tom Berendsen cannot agree with it “in form or substance”, according to VVD's reply. This position will be defended in the appeal. “Of course, this does not affect the fact that the interim relief granted in relevant cases will be implemented.”
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