This is what you can do if the IND rejects your asylum application
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The Immigration and Naturalisation Service (IND) rejects your application for asylum. You will then receive a letter from the IND. This article explains what happens then and what you can do yourself.
You get a letter from the IND saying they plan to reject your asylum application
After the 2nd interview with you in the asylum procedure, the
The letter states the reasons for the rejection or approval and what the consequences are for you. You discuss the letter from the IND with your lawyer. Your lawyer then has 1 day to respond to the IND in a letter. This letter from the lawyer is called the 'zienswijze' (standpoint). In the standpoint, you and your lawyer can explain why you disagree with the IND's preliminary decision.
You get a 2nd letter from the IND saying that they are really going to reject or still approve your asylum application
After receiving and reading your lawyer's letter, the IND will make a final decision. It may be that the IND still rejects your asylum application. It may also be that the IND approves your application for asylum after all. This final decision is called a 'beschikking' (decision).
If the IND definitively rejects your asylum application you can go to court
Does the IND reject your application? Then you can appeal to the court with the help of your lawyer. Talk to your lawyer about whether you want to do this. If your lawyer appeals for you, the court will look at whether or not the IND's decision is correct. The court will only look at whether the IND carried out the procedure properly, but will not assess the substance of your case.
If you appeal to the court against the IND's decision, you may remain in the Netherlands until the court makes a decision.
If the court decides that the IND did not carry out the procedure properly, the IND must make a new decision. If the court decides that the IND did carry out the procedure properly, you can discuss with your lawyer what you want to do then. You have 3 options:
1. You go to a higher court
Do you disagree with the court's ruling? Then your lawyer can appeal to the
The RvS is the highest court in the Netherlands. This means that you cannot go to another court after the ruling of the RvS. This court's ruling is final.
You are not always allowed to wait for the ruling of the court in the Netherlands. Your lawyer must officially ask the court if you can stay in the Netherlands to await the ruling. This is called a
2. Je doet een nieuwe asielaanvraag
If there are new facts or changed circumstances in your asylum procedure, you can reapply for asylum. For example, new circumstances such as that a new war has broken out in your country or the situation there has become worse. Or it is about personal circumstances that have changed. For example, if you have been converted in the Netherlands, and are therefore afraid to return to your country of origin. You may also have new documents that support your asylum application. Discuss with your lawyer whether you want to submit a new asylum application.