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Dutch government proposes offence for obstructing return
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The Netherlands is consulting on a draft offence for people who obstruct their return after other efforts to secure their departure have failed.
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The Dutch government has opened a consultation on a draft law that would make it a criminal offence for people without lawful residence to obstruct their return. Announced by Asylum and Migration Minister Van den Brink on 7 October, the proposal could allow prison sentences for people covered by the offence. It is not yet law. [1]
The ministry says the proposal targets people who frustrate their departure and thereby make their return impossible, rather than everyone without lawful residence. It gives examples including withholding or providing incorrect identity information. It also says some countries will readmit a person only if they personally apply for a replacement travel document. [1]
The ministry says prosecution would be a last resort, after other efforts to secure return have failed. It says obstructing return can already be a criminal offence in specific cases, including where someone has an entry ban or has been declared undesirable. [1]
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