Duty to return

[SecondaryNavigationDezeHoofdRubriekBevat](EN) 2 [SecondaryNavigationRubrieken](EN):

Duty to return

A carrier is obliged to return a foreign national whom it transported to the Netherlands and who has been refused entry to the Schengen area, to a location outside the Netherlands/the Schengen area.

The carrier must return a foreign national who has been refused entry to the Schengen area to:

  • the location from where he was brought in,
  • the country that issued the border-crossing document that was used by the foreign national, or
  • any third country where his admission is guaranteed.

When a foreign national is refused at the border, the transport company will receive instructions from a border control officer (Royal Netherlands Marechaussee or Seaport Police). The instructions consist of a removal order. The Dutch government uses this removal order to bring a claim against the transport company in order to return the inadmissible person to the location where he started his journey, or to transport him to another location where he will be admitted. If necessary, with a means of transport other than the means of transport used for the inward journey.

For which foreign nationals

The duty to return applies to:

  • foreign nationals who are refused entry at the border and who must leave the Netherlands immediately.
  • foreign nationals who are arrested within six months after their entry with a view to removal.

No or false travel documents

A foreign national who has been arrested at the border without valid and authentic travel documents (such as a false passport) can usually return without these documents. The Royal Netherlands Marechaussee will then draw up a guiding letter (to replace a lost document) or a covering letter (to replace a false document). These are documents that are used at an international level, which serve to replace travel documents that are not or no longer held by a foreign national.

Responsible for costs incurred

The carrier is responsible for any inadmissible foreign national and therefore also for any costs incurred for these inadmissible persons. The Dutch government may recover the costs incurred from the carrier. This results from a strict liability for the carrier.