Dutch Minister Defies Court Order, Blocks Gaza Residents Despite Valid Visas

Dutch Minister Defies Court Order, Blocks Gaza Residents Despite Valid Visas

2026-05-12 asylumprocess

The Hague, 12 May 2026
Forty-six Palestinians with legitimate Dutch residence permits for study, work, or research remain trapped in Gaza because Minister Berendsen refuses to submit their names to Israeli authorities for evacuation. Despite explicit court orders from The Hague District Court and the Council of State demanding government action, the Netherlands has failed to provide a simple list to COGAT, the Israeli coordination service. Other European nations routinely facilitate such evacuations for their visa holders. Legal experts describe the minister’s inaction as ‘incomprehensible’ defiance of judicial authority, leaving qualified individuals—including doctors and researchers—stranded in deteriorating humanitarian conditions whilst evacuation convoys operate regularly.

The situation reached a legal flashpoint on 30 April 2026, when a judge in preliminary relief proceedings at The Hague District Court ruled that Minister Berendsen must make efforts to allow 46 Gazans with residence permits to leave the Gaza Strip [2]. This followed an earlier March 2026 ruling involving two Palestinians in similar circumstances [2]. The Council of State further reinforced this obligation, ruling that the Netherlands must strive to secure Israel’s cooperation [1]. Despite these explicit judicial directives, Minister Berendsen has openly acknowledged his disagreement with the court order whilst claiming he would execute it [2].

Simple Process Requires Minimal Diplomatic Effort

The evacuation mechanism itself requires remarkably little bureaucratic complexity. Countries need only submit lists of names to COGAT, the Israeli coordination service, which then checks and approves passage to Jordan [1]. As legal advisor Sander van Hoorn explained, “It’s very simple. You send a list to COGAT. Israel checks that, and then you get the green light” [2]. On 9 May 2026, a convoy successfully travelled from Gaza to Jordan via Israel, facilitating the evacuation of individuals with residence permits in other countries [1]. However, according to Israeli authorities contacted by NOS, the Netherlands has submitted no such list for its 46 visa holders [1][2].

Humanitarian Crisis Compounds Administrative Obstruction

The human cost of this administrative inaction becomes starkly apparent through individual cases. Mohammed Aldeeb, a doctor in Gaza with an invitation to study neurology in Utrecht, exemplifies the broader tragedy [1]. After his house was destroyed, Aldeeb struggles to secure basic necessities whilst expressing gratitude for the opportunity to pursue advanced studies in the Netherlands [1]. Approximately 50 Gazans had their applications approved by the IND to study in the Netherlands [1], yet these qualified individuals remain trapped in deteriorating humanitarian conditions. The affected Palestinians hold valid visas for study, work, or research purposes and are currently waiting in Amman, Jordan, requiring only Israeli cooperation to complete their journey [2].

Legal professionals have expressed profound concern over the minister’s apparent disregard for judicial authority. Lawyer Wil Eikelboom described the situation as “remarkable and incomprehensible that the minister does not do this when he has had such a clear instruction from the court” [2]. Eikelboom further noted that “it is at least very strange that a minister who has received a very clear mandate from the court and notably from the Council of State, executes this so minimally that in fact the core of that ruling is missed” [1]. Former diplomat and coordinator Angelique Eijpe stated, “I have rarely experienced in my career that a minister so openly disregards a judicial order” [2]. The Rights Forum, which inquired about the minister’s implementation of the ruling on 3 May 2026, received only vague assurances about acting through ‘diplomatic channels’ [2].

Upcoming Deadlines and International Comparisons

Time pressures continue to mount as potential evacuation windows approach. Palestinian evacuations from Gaza via Israel to Jordan may occur on 19 May or 26 May 2026, with the Dutch representation in Ramallah having until 14 May 2026 to submit the names of 48 Palestinians to the evacuation list [2]. Minister Berendsen has maintained that “consular assistance is provided to Dutch nationals abroad. This group does not fall under that category” [1]. However, lawyer Eikelboom pointed out that “other countries have done that and as far as I know, no judge was involved either. It is limited consular service that other countries simply provide” [1]. The contrast with other European nations, which actively facilitate such evacuations for their visa holders, underscores the uniquely restrictive approach adopted by the Dutch government [3].

Bronnen


Gaza evacuation visa policy