Asylum is regulated by the Aliens Act 2000, which includes the following categories of individuals as eligible for protection:
- A residence permit for a fixed period as mentioned in Article 28 may be granted to an alien:
- who is a Convention refugee (the 1951 Refugee Convention determines that someone is a refugee when s/he has a “well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country”)
- who has shown substantial grounds for believing that s/he, if returned to his or her country of origin, would face a real risk of 1°. the death penalty or execution; 2°. torture or inhuman or degrading treatment or punishment in the country of origin; or 3°. a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict;
When a person meets these criteria, he or she will receive temporary residence status. After five years of temporary residence in the Netherlands, this person is required to demonstrate that s/he knows the Dutch language and society. If these requirements are met, he or she will receive permanent resident status.