Amsterdam, November 26

A Dutch high court today upheld a government policy of withholding food and shelter to rejected asylum-seekers who refuse to be repatriated, giving legal backing to one of Europe’s toughest immigration policies.

The Raad van State or Council of State, which reviews the legality of government decisions, found that the new policy of conservative Prime Minister Mark Rutte does not contravene the European Convention on Human Rights.

A rejected asylum seeker does not have the right to appeal to the European Social Charter, it said.

The Dutch government “has the right, when providing shelter in so-called locations of limited freedom, to require failed asylum-seekers to cooperate with their departure from the Netherlands,” a summary of the ruling said.

As the Netherlands toughened its stance on newcomers in recent years, Dutch policy towards asylum-seekers and immigrants has been criticised by non-government organisations and the United Nations as overly strict.

Today’s ruling counters an August report by the UN’s Committee on the Elimination of Racial Discrimination, which told the Dutch they should meet migrants’ basic needs unconditionally.

Europe’s worst migrant and refugee crisis since World War II has led to a surge in support for far right Dutch leader Geert Wilders, who wants to close the borders.