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This is what you can do if the IND rejects your asylum application

Last updated: 01/07/2026, 07:39

Has the IND rejected your asylum application? If so, you may sometimes be able to appeal to the court. In this article, you can find out what an appeal involves, why you should contact your lawyer as soon as possible, and what the court may decide.

Discuss the decision with your lawyer as soon as possible

Discuss the decision by the

with your lawyer as soon as possible. The letter from the IND states how long you have to lodge an appeal.

Under the standard asylum procedure, you usually have two weeks to lodge an appeal. Under the accelerated asylum procedure, you usually have one week. For example, if the IND considers that the Netherlands does not need to examine the merits of your asylum application. This is known as the admissibility procedure.

You should therefore always check carefully in the letter from the IND to see how much time you have. Call or email your lawyer as soon as possible.

Your lawyer can ask the court to review the decision

Lodging an appeal means asking the court to review the IND's decision. Discuss with your lawyer whether you wish to do this. Your lawyer can arrange this for you.

The court will assess whether the IND has handled your asylum application correctly. The court will also assess whether the IND has explained the decision properly and made it in accordance with the law.

In some cases, you may be allowed to stay in the Netherlands whilst you await the court's decision. This depends on your circumstances and the nature of your case. Ask your lawyer whether you are allowed to stay in the Netherlands whilst your appeal is being heard.

If the court rules that your appeal is 'well-founded', they will rule in your favour. The IND will then usually have to review your case or make a new decision.

If the court rules that your appeal is unfounded, it will not rule in your favour. In that case, the IND’s decision will usually stand.

Always discuss the ruling with your lawyer. Your lawyer can explain what the ruling means and what you can do next.

Sometimes you can appeal

Do you disagree with the court's ruling? Then your lawyer may sometimes be able to

to the
. The IND may also do this in some cases.

The Council of State reviews whether the court reached the correct decision. The Council of State is the highest court in the Netherlands for asylum cases. Once the Council of State has handed down its ruling, you are usually unable to appeal to another court.

You cannot always wait for the Council of State's ruling in the Netherlands. Sometimes your lawyer will need to ask the court whether you are allowed to remain in the Netherlands until a ruling has been made. This is known as an interim measure.

Appeals to the court are free of charge in asylum cases. An application for an interim measure to prevent deportation is also free of charge. Ask your lawyer whether an appeal will incur a fee in your situation.

Discuss other options with your lawyer or VluchtelingenWerk Nederland (VWN)

If your appeal is unsuccessful, discuss with your lawyer or VluchtelingenWerk Nederland (VWN) what you can do.

Sometimes there are other options. For example, returning to your home country, or submitting a new asylum application only if there are new facts or circumstances. Always seek advice before submitting a new application.


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