Costs to be recovered from the carrier

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Costs to be recovered from the carrier

The carrier is responsible for the costs of removal of an inadmissible foreign national. How are these costs calculated?

A carrier who received a removal order and a booking request for an inadmissible foreign national should transport this foreign national to a location outside the Netherlands/the Schengen area, in accordance with the instructions stated in the booking request. The carrier then decides when to transport the inadmissible person.

For airlines the following rule applies: If the carrier transports the inadmissible within two days (48 hours), counting from the desired date of return stated in the booking request, the Dutch government will not recover any costs of stay from the carrier. Other costs of removal from the Netherlands, i.e. escort costs, can still be recovered as from the desired date of return as stated on the booking request.

For the maritime sector this period of 48 hours does not apply. Costs of stay (and other costs of removal) can be recovered by the Dutch government as from the desired date of return as stated on the booking request.

Examples of costs of removal are:

The costs for which the carrier is liable are described for each cost type under cost calculation.

Rates

The rates laid down by law are mentioned in the list of rates (Appendix 22 to the Aliens Regulations 2000). These standardised rates are the removal costs and costs of stay incurred by the Dutch government for foreign nationals who have been refused entry to the Netherlands. The rates are based on the actual costs incurred by the various authorities involved.

Return not possible

Even if it ultimately appears to be impossible for the carrier to return the foreign national based on the claim, the carrier will continue to be liable for the costs incurred by the foreign national brought in by the carrier during his stay in the Schengen area. This applies to a foreign national who is still removed after any 'failed' return and to a foreign national who, after a freedom-restricting measure has been lifted, is given notice to leave the Netherlands, or leaves for an unknown destination.