Dutch Judge Forces Immigration Service to Grant Asylum Permit in Unprecedented Ruling
Amsterdam, 14 March 2026
Judge Steffie van Lokven has made legal history by directly ordering the Dutch Immigration and Naturalisation Service to grant a residence permit to an asylum seeker, marking an extraordinary departure from standard judicial practice. Known as the Netherlands’ most critical asylum judge, van Lokven works 70-hour weeks and has successfully challenged Dutch immigration policy through European courts since 2014, forcing policy changes on detention of rejected asylum seekers and treatment of minors. Her latest intervention signals growing judicial frustration with immigration enforcement practices.
A Pattern of Judicial Intervention
Van Lokven’s direct order represents the culmination of a sustained campaign to reshape Dutch asylum policy through European law. Since 2014, the 53-year-old Roermond-based judge has consistently challenged the Immigration and Naturalisation Service’s decisions, describing their behaviour as “unacceptable, disrespectful” and their decisions as “completely inadequate” [1]. Her approach has yielded concrete results: in 2022, she secured a landmark victory at the European Court of Justice in Luxembourg that now mandates all EU judges to verify the legality of detention for rejected asylum seekers [1].
European Legal Strategy Yields Policy Changes
The judge’s strategy of referring cases to Luxembourg has proven remarkably effective. In 2025 alone, van Lokven submitted seven of the fifteen Dutch requests regarding asylum issues to the Court of Justice [1]. Her challenges have forced adjustments to Dutch policy on multiple fronts, including the treatment of minor asylum seekers and policies affecting ‘Westernised’ young women facing repatriation [1]. Working approximately ten asylum cases per week whilst dedicating evenings to larger European cases, van Lokven maintains that “the law is not a matter of copying rules” [1][6].
Current Case Highlights Transparency Concerns
Recent court proceedings illuminate the broader issues van Lokven has identified with immigration procedures. In a case heard on 10 March 2026 involving a Venezuelan asylum seeker, The Hague District Court issued an interim ruling demanding the IND provide transparent information about the sources underlying its decision-making [3]. The court noted that the defendant must explain which country information and public sources informed both policy development and individual case decisions, with the most recent general country report on Venezuela dating back to 11 June 2020 [3].
Political Tensions and Future Implications
Van Lokven’s activism has not gone unnoticed at the highest levels of government. Former Prime Minister Dick Schoof specifically alerted the current cabinet’s informateur to the increasing trend of national judges using Luxembourg to enforce changes in migration policy [1]. The judge’s influence extends beyond Dutch borders: she recently trained judges from Italy, Greece, and Cyprus on the new migration pact set to take effect in June 2026, though she has expressed concerns about the increased workload this will place on courts [1]. Her fundamental philosophy remains unwavering: “Europe is not a pick-and-choose menu. You cannot say: give us those agricultural subsidies and the free movement of people, but when it doesn’t suit us, we decide for ourselves” [1].