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News report | 09-12-2007 | last modified 01-12-2010
The Immigration and Naturalisation Service (IND) is entitled, on behalf of the State Secretary of Justice, to pronounce a foreign national undesirable pursuant to Article 67 of the Aliens Act 2000. A pronouncement of undesirability is an (administrative) measure for the purpose of preventing foreign nationals who are not or are no longer permitted to stay in the Netherlands from entering or remaining in the country.
In most cases, this concerns foreign nationals who have committed an offence.
The pronouncement of undesirability makes it an offence for the foreign national to reside in or return to the Netherlands without authorisation.
Balancing of interests
The assessment (on the part of the IND) of whether a foreign national will be pronounced undesirable takes into account the interests of the parties involved. In this respect, national interest (public order and national security) is examined on the one hand, and the interests of the foreign national and (if applicable) his or her family on the other hand.
Immediate effect
A decision in favour of a pronouncement of undesirability is issued to the foreign national in person by the police (together with a leaflet regarding pronouncement of undesirability). If it is not possible to issue the decision in person, the decision shall in any event be published in the Dutch Government Gazette.
A decision in favour of a pronouncement of undesirability shall take immediate effect. The foreign national who has been pronounced undesirable must immediately leave the Netherlands of his or her own accord (obligation to leave the country independently).
Any foreign national who stays in the Netherlands whilst he or she is aware or may reasonably assume that he or she has been pronounced undesirable, is guilty of an offence pursuant to Article 197 of the Penal Code and may be sentenced to a maximum of six months’ imprisonment.
Once the prison sentence has been served, the foreign national who has been pronounced undesirable may be removed, if the identity and nationality of the foreign national have been established and (replacement) travel documents are available.
A foreign national may lodge an application for review in respect of a pronouncement of undesirability. The foreign national shall not, however, be permitted to stay in the Netherlands pending the outcome of such an application. If a foreign national has definitively been pronounced undesirable and has left the Netherlands, after a given period he or she may submit an application in writing for the withdrawal of the pronouncement of undesirability.
Schengen Information System
As the aim of the pronouncement of undesirability is to prohibit certain foreign nationals from entering the Netherlands, refusal of permission to enter the Netherlands is signalled in the Schengen Information System (SIS). This means that for such time that the pronouncement of undesirability is in force, the foreign national will not be able to obtain access to the countries that form part of the Schengen area.