# Top court orders asylum minister to reassess Syria's security

> The Raad van State has ruled that the stricter asylum policy for Syrians, introduced after Assad's fall, was not sufficiently justified. The ruling covers four cases.

Migration · published 2026-11-11 10:47 · https://nlnow.nl/a/top-court-orders-asylum-minister-to-reassess-syria-s-security/

The Raad van State, the highest administrative court, ruled on Wednesday that asylum minister Bart van den Brink must reassess the general security situation in Syria. After the fall of the former regime, the minister made new country policy (landenbeleid) but did not justify it sufficiently, the court said.

Country guidance describes the general situation in a person's home country and carries great weight in asylum decisions. For Syria it was tightened in June last year, after the Assad regime fell in December 2024. That sharply reduced the chances of Syrians getting asylum. The ruling also applies to three other cases involving Syrians, in which rulings were published on Wednesday as well.

The minister should have taken the humanitarian conditions into account, the court said, along with the consequences of the former regime's actions and omissions during the civil war. He could not assume that a "completely new situation" had arisen in Syria after Assad's fall.

> The security situation in Syria cannot simply be separated from the years of war that preceded it.
> — Raad van State

The lead case was brought by a Syrian man who applied for asylum in 2023 and was rejected. He says the former regime imprisoned and tortured him in 2014 after he took part in a demonstration, and he fears violence if he returns. The minister must now decide again on his application.

After the regime fell, the cabinet said parts of Syria were safe again and that Syrians should be able to return. Groups of Syrians have since left voluntarily on charter flights run by the Dutch government. The cabinet is also holding talks with Syria on the quick return of Syrians who want to go back.

A spokesperson for Van den Brink said the ministry is studying the ruling. The minister stressed on Tuesday evening that the cabinet is focusing on "promoting and supporting voluntary return".

Statistics Netherlands (CBS) counted 2,100 first asylum applications from people of all nationalities in September 2026, against 2,700 a year earlier. Over the 13 months from September 2025 to September 2026, the monthly count was highest in September 2025, at 2,700, and lowest in June 2026, at 1,810.

**First asylum applications are lower than a year ago** (people; source: CBS)

- Sep 2025: 2700
- Oct 2025: 2470
- Nov 2025: 2485
- Dec 2025: 2570
- Jan 2026: 2070
- Feb 2026: 1960
- Mar 2026: 1965
- Apr 2026: 2105
- May 2026: 2145
- Jun 2026: 1810
- Jul 2026: 1920
- Aug 2026: 1845
- Sep 2026: 2100

## Background

- **Raad van State**: The Council of State, which advises the government and parliament on proposed laws and is also the highest administrative court.
- **landenbeleid**: Country policy is the official Dutch government assessment of whether conditions in a specific country are safe enough for asylum seekers from that country to be returned there. The minister responsible for asylum sets it, and the IND (Immigration and Naturalisation Service) applies it when deciding asylum applications. It is based on reports about the security and human rights situation in each country, so a change in landenbeleid can affect many asylum cases at once.

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