According to Strik and colleagues from the Centre for Migration Law in a recent publication in the Nederlands Juristenblad, protection for refugees is desperately needed. In Ongezien onrecht in het vreemdelingenrecht (Invisible injustice in immigration law) they draw a parallel between immigration law and the benefits scandal. If migrants do not report certain information, such as a change in income, or are late in reporting, they are immediately classified as fraudulent which has far-reaching consequences, Strik explains. Asylum seekers also have to meet strict requirements when it comes to submitting documents to proof their identity or asylum motives. “But often they can no longer receive cooperation from the authorities in their home country. Such an asylum request is then immediately classified as ‘not credible’ and the asylum application is rejected. These people then get into serious trouble.” These are just a few of countless examples that show how migrants and asylum seekers – similar to the victims of the child benefits scandal – are the victims of government mistrust and unreasonable and harsh regulations. “The immigration authority takes insufficient account of the personal circumstances of migrants. The human dimension has vanished.”
Crushed by bureaucracy and government
The article by the migration law experts was honoured this year with the Hermesdorf Prize, the university's annual award for researchers who have achieved major societal impact. Strik: “In the article we wanted to show that our treatment of migrants is not in line with European law and that it leads to unanticipated consequences for individuals. Our message is the following: apply the lessons from the benefits scandal to our treatment foreign nationals, asylum seekers and others. And make sure that the policy is humane and proportionate.”
Strik is passionate about showing how policy and legislation sometimes turn out to be unfair for individuals. “The roots of that passion may lie in my time as a legal assistant at a youth advisory centre in Amsterdam. There I saw how vulnerable young people were crushed by bureaucracy and government decisions. That affected me greatly. Moreover, during my working visits I have learned more and more about the effects of regulations and non-compliance with these regulations.”
EU asylum policy – more accurately the lack of agreement between Member States on this policy – is also unfair, says Strik indignantly. The pushbacks of migrants at the external borders of the EU are the result of disagreements within the EU about the reception of refugees. Countries on the external borders of the EU, such as Greece and Poland, are now held responsible. And those border countries are increasingly keeping people out with a heavy hand. “And that is a direct violation of human rights and EU law.”
Film tip: Shadow Game by Els van Driel and Eefje Blankevoort
“A prize-winning documentary about young people who try for years to enter the European Union. You see not only their suffering and their dilemmas, but also the resilience that characterises many young refugees.”
Tineke Strik (Alphen, 1961) studied Dutch and international public law at Radboud University, where she also obtained her PhD. She has held the chair in Citizenship and Migration Law at the Faculty of Law since 2020. She has been Member of European Parliament on behalf of GroenLinks since 2019. She was previously an alderman in Wageningen and a member of the Upper House of the Dutch parliament.
Photo's: Flip Franssen.