The much-discussed European migration pact has been in effect for exactly one hundred days today. With the new rules, asylum procedures must proceed faster, so that it becomes clear sooner whether an asylum seeker is allowed to stay or not.
In practice, Refugee Work Netherlands and asylum lawyers do indeed see that the procedure is faster. According to them, this comes at the expense of thoroughness and quality. Especially the most vulnerable are the victims of this.
"Vulnerabilities are still insufficiently recognized," says Myrthe Wijnkoop of Refugee Work. This concerns, for example, people with psychological problems or traumas, victims of torture and human trafficking. "If those signals are missed, it can have serious consequences."
What is in the migration pact? This video explains it:
The IND, the organization that assesses whether an asylum seeker may stay in the Netherlands, must handle asylum applications within six months since June 12. Previously, this procedure often took about two years. To shorten it, the IND has simplified the procedure.
For example, health checks are no longer mandatory and Refugee Work no longer provides information to asylum seekers prior to the procedure. The IND has taken over that task.
"We hear from team leaders and legal aid providers across the country that the information and guidance from the IND are limited," says Wijnkoop of Refugee Work. "People need more information to properly go through the procedure."
Asylum seekers who now apply for asylum in Ter Apel are given priority over people who submitted their application before June 12. This way, they do not immediately face backlogs under the new rules.
Tablet
Refugee Work sees that vulnerable asylum seekers and refugees under the new migration pact do not always receive the support they need. As a result, important information during the interview with the IND can remain unnoticed.
Asylum lawyer Maartje Terpstra confirms this. She gives as an example a woman who told her after a personal interview with the IND that she had been a victim of sexual abuse. During that so-called hearing, she had not mentioned it because there was no female interpreter present.
"In the past, we detected such matters beforehand, so that people could tell their story properly during the hearing," she says. "That is essential for a careful asylum procedure, and that is now completely gone."
Upon arrival in Ter Apel, the first contact for asylum seekers takes place via a tablet. They must answer questions necessary for their registration on it. According to Wijnkoop, this can cause problems. "If you are low-literate or have experienced a lot, there is a good chance you will make mistakes."
Detriment to quality
The situation at the EU's external borders is also far from improved, according to Wijnkoop. "The pressure on the countries there is still high, and the procedures and reception are still not in order." For example, a court in The Hague has indicated that the situation in Italy has still not improved enough for the Netherlands to send asylum seekers back there.
Refugee Work therefore calls the first signals from the EU pact worrying. "They detract from the quality and thoroughness of the procedure."
Choices made
The IND says in a response that the service understands very well how great the stakes are for those involved. "We do not take this lightly. Making a careful decision is exactly what drives us. We did that before June 12 and also afterwards."
The IND does say that the concerns of Refugee Work do not only relate to the new migration pact. "Some of it is part of the discussion that was already ongoing before the pact came into effect and also relates to choices made by the cabinet and the legislator, which apparently turned out differently than Refugee Work had wished."
Wijnkoop of Refugee Work does not fully agree. "The choices the Netherlands has made in implementing the migration pact have indeed influenced how the procedure is organized."
Much litigation
If speed comes at the expense of quality, asylum seekers have to appeal more often, sees asylum lawyer Terpstra. When the judge rules in their favor, the IND must reassess the case. "We see that we have to litigate a lot due to the poor quality of decisions, which further increases the workload."
The Netherlands has 370 asylum lawyers, who before the introduction of the migration pact each assisted about 150 asylum seekers on average. "There is no positive effect if you prioritize speed over quality. Ultimately, that only leads to a longer procedure."