WILLEMSTAD – The Curaçao government has significantly tightened its policy on the protection of foreign nationals. A new directive, titled “Policy on Procedure and Assessment of a Request for Protection under Article 3 of the ECHR 2025,” published in March 2025, introduces key changes that make deportation more likely, extend the maximum duration of immigration detention, and impose stricter conditions for repeat asylum requests. The result is a clear reduction in legal protection for migrants, particularly those fleeing neighboring Venezuela.
The government argues that the policy revision is necessary due to a surge in asylum requests, primarily from Venezuelan migrants. Until formal legislation is adopted, protection remains governed by ministerial policy.
End of Automatic Suspension During Appeals
One of the most notable changes concerns the suspensive effect of legal appeals. Until now, foreign nationals could not be deported while their appeal, higher appeal, or even a complaint before the European Court of Human Rights (ECHR) was pending.
As of March 2025, automatic suspension of deportation only applies during initial objection or appeal procedures. Individuals who pursue further appeals or approach the ECHR must now actively request an injunction to prevent removal. In practice, this shift means that more people may be deported before their cases are fully resolved.
Longer Detention Periods
Another key change is the extension of immigration detention. Previously capped at six months, the maximum detention period is now increased to eighteen months, particularly in cases involving lengthy procedures or non-cooperation by the migrant. Such extensions must be thoroughly justified, but still mark a significant toughening of detention policy.
This goes beyond earlier standards, such as the Revised Island Governor Instruction (HIG 2006), which only allowed extended detention when deportation was imminent or the foreign national was clearly obstructing the process.
Stricter Rules for Repeat Applications
Repeat asylum requests will now only be considered if they are based on new facts that occurred after a previous rejection. This restricts opportunities for re-evaluation and significantly lowers the chances of securing protection after an initial denial.
Procedural Improvements and Legal Clarity
Despite these stricter measures, the policy also includes procedural improvements aimed at increasing transparency and legal certainty. The application process is now clearly outlined, helping to prevent arbitrary decisions and providing migrants with a better understanding of their legal pathway.
Although the policy is not yet enshrined in law, it is noteworthy that the minister has publicly affirmed that deportation will not occur during pending objections or appeals. This practice, previously applied without formal status, is now explicitly included in the policy framework.
Additionally, asylum seekers will generally be allowed to remain outside of detention unless specific grounds for custody exist, and they are entitled to legal representation. How flexibly the minister interprets these provisions remains to be seen in practice.
Toward Legal Codification
The Curaçao government has expressed its intention to eventually codify this policy into formal legislation, which would give migrants legally protected rights, rather than policies that can shift with changing political priorities.
While the new framework offers greater clarity, human rights observers are likely to scrutinize its impact closely, particularly in light of ongoing regional migration pressures and the human rights obligations under the European Convention on Human Rights (ECHR).
