On March 19 2026, the Administrative Jurisdiction Division of the Dutch Council of State handed down its ruling regarding a request for an emergency measure to evacuate two students from Gaza.
The Council of State cited the very exceptional circumstances in which the students find themselves as the reasons for this ruling: the dire situation in Gaza combined with the fact that it is impossible or very difficult to leave Gaza independently.
Clients had previously received a decision granting a right of residence from the Minister of Asylum and Migration for the purpose of studying at a Dutch university. Their only request to the Minister of Foreign Affairs was for assistance to cross the border at Gaza.
For the Minister of Foreign Affairs, helping the students would require only a relatively small effort. Therefore, the balancing of interests tipped in favor of the students.
Previously, the judge in summary proceedings in The Hague had ruled that she could not grant the request because the case did not belong before the administrative court, but before the civil court. The Council of State has not yet provided clarity on this matter in this case, but believes that the students' interests are of such significance that they cannot wait for the handling of the substantive proceedings, given the time this would involve.
The Minister will therefore now have endeavor to ensure that the students can begin their university studies in the Netherlands as soon as possible.
The students were represented in this procedure by lawyer Eva Bezem.
Link to the rulings
See also (in Dutch)
- NRC, B. Hinke 'Drie Gazanen zijn door Buitenlandse Zaken te ‘bevrijden’ uit hun "openluchtgevangenis", zegt hun advocaat' (2 February 2026)