How the costs are calculated
The Dutch government can recover costs incurred by the inadmissible person from the carrier from the moment the Royal Netherlands Marechaussee or Seaport Police has issued a booking request for this person. Apart from costs of stay these could be costs of applying for a replacement travel document or costs of escorts, for example. As long as no booking request is issued, no costs will be charged.
In case of a flight cancellation request
The Royal Netherlands Marechaussee uses a flight cancellation request to notify the carrier that the inadmissible person cannot (yet) depart at that time. Depending on the reason for the cancellation, any costs incurred after the cancellation request may be charged to the carrier. When for example the inadmissible person offers resistance right before his return, as a result of which this person cannot be returned at that time, the costs incurred up to the actual departure may be passed on. But in case the inadmissible person applies for a residence permit right before his return, the costs incurred by the Dutch government during the residence procedure will not be charged.
In case return is 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.
The end date for passing on any costs is the date stated in the official notification of departure, as stated by the Royal Netherlands Marechaussee or the Dutch Police. This is usually the date on which the inadmissible person has left the Netherlands. An exception are the costs of an escort by the Royal Netherlands Marechaussee. These consist of costs incurred during the outward journey, stay and return journey of the escorts.
The rates laid down by law are mentioned in the list of rates (Appendix 22 to the Aliens Regulations 2000).
The sample calculations are given for a better understanding of the costs the Dutch government recovers from carriers.
- Sample 1 shows a situation with an application of a replacement travel document.
- Sample 2 describes a situation with multiple applications for replacement travel documents, criminal detention and an immigration-law procedure.
- Sample 3 is about an inadmissible person who is transported by an airline out of the Netherlands within 48 hours, escorted by the Royal Netherlands Marechaussee.
Please note that these samples are entirely fictional and merely serve to illustrate. The calculations have no bearing to actual charged costs. The rates are the legal rates as stated in the List of rates (Appendix 22 to the Aliens Decree 2000).