# Council of State Rejects Dutch Asylum Policy for Syrian Refugees The court demands better justification for claims that Syria is now safe for return. - **Source:** [NOS – Buitenland](https://nos.nl/nieuws/buitenland) - **Published:** 2026-11-11 - **Topic:** [politics](https://brifing.si/c/politics) - **Original article:** - **On Brifing:** https://brifing.si/s/7c4e09fb-ca65-4614-a35e-f4b42eb9c6db ## Court Challenges Asylum Policy The Dutch Council of State has ruled that the government's new asylum policy for Syrian refugees is insufficiently motivated. Minister Bart van den Brink previously argued that Syria became safer following the 2024 fall of the Assad regime. The court now requires a more rigorous assessment of humanitarian conditions before enforcing returns. ## Legal Basis of Ruling The ruling stems from a case involving a Syrian man tortured by the Assad regime in 2014. The minister rejected his asylum application based on the new country policy, but the court found this approach ignored the lasting humanitarian consequences of the civil war. The government must now re-evaluate its safety assumptions. ## Ministerial Options Moving Forward Migratory law expert Mark Klaassen suggests the minister has two primary paths. He can either revise the country policy by better documenting the ongoing instability in Syria or provide stronger individual justifications for why specific applicants no longer require protection. The policy remains in effect while the ministry conducts this new review. ## Impact on Pending Applications Currently, 20,500 Syrians are in the Dutch asylum procedure, representing one-third of all residents in reception centers. The IND reported that only five percent of Syrian applications were granted this year. This court ruling could lead to longer processing times as officials must now conduct more detailed, case-by-case humanitarian impact assessments. ## Uncertainty for Syrian Residents Asylum lawyer Wil Eikelboom warns that the ruling may lead to more admissions, though it creates immediate uncertainty for those awaiting decisions. Many Syrians have already integrated into Dutch society, working, studying, and raising children. Advocates argue that the lack of clear policy direction unfairly impacts those who have built lives here. ## Reality of Syrian Infrastructure Critics argue that the government's assessment of Syria as having a lower level of violence ignores the physical reality of the nation. Thirteen years of war have decimated the infrastructure, healthcare, and education systems. Many refugees no longer have homes or family networks to return to, regardless of the current political leadership. ## Broader European Context The debate over Syrian safety is occurring across Europe, with nations like Germany and Belgium also pursuing stricter return policies. German Chancellor Merz has suggested that eighty percent of Syrians currently residing in Germany should return within three years. However, legal experts emphasize that safety assessments should remain administrative, not purely political. ## Future Policy Implications This ruling highlights the tension between political goals and administrative requirements in migration law. By requiring the minister to better substantiate the safety of Syria, the court has effectively slowed the government's push for mass returns. Future policy success will depend on the ministry's ability to provide evidence-based justifications for its decisions. ## Sources covering this story - https://nos.nl/l/2639032 — --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._