This is what you can do if the IND is late in deciding your asylum case

The law states that the

The 15 months the IND officially has starts from the day you sign your asylum application at the

Does the IND fail to decide on your asylum application within 15 months? Then you and your lawyer can declare the IND 'in default'. You officially inform the IND that they do not comply with the rule to decide within 15 months. And you ask them to make a decision within 2 weeks.

You do this as follows:

1. Ask your lawyer to support you in this and fill out the IND form

   . The IND will process the notice of default only if it is received by post or fax. Send your printed and completed form by registered mail to:  Immigration and Naturalisation Service   PO Box 14   9560 AA TER APEL  or to fax number: 088 043 29 51

2. Make sure you have completed all fields. Is your application not complete? Then the IND can reject your application. Make sure that your application is complete at the moment you send your application to the IND.

If the IND responds to your "notice of default" and still makes a decision on your asylum application within 2 weeks, the asylum procedure is complete. You have received a decision. Your asylum application is approved or rejected. Read more about the follow-up here:RefugeeHelp - The IND makes a decision. Will you get a residence permit asylum or not?

After your notice of default, does the IND still not make a decision within 2 weeks? Then you can go to court. This is called 'going to appeal'. Ask your lawyer for help with this too. You can appeal as follows:

1. To start proceedings, you and your lawyer file a notice of appeal with the court. A notice of appeal is a document you use to start proceedings against the government.

2. Sometimes you have to come to court with your lawyer, but usually not. The court often decides these types of cases by looking only at the documents. The court asks the IND to send all the documents of the case and explain why they have not made a decision yet. You then do not have to go to court. If you do have to go to court, you will get a letter about this from the court.

The court will make a decision no later than 8 weeks after receiving your notice of appeal. If the court needs more time, the court will inform you. The ruling will be sent to your address.

If the court decides that you are right, the IND must make a quick decision on your application. Usually the court gives the IND additional time to do this. If the IND also fails to make a decision within that period, the court can impose a fine on the IND. This is called a 'dwangsom' (penalty payment). By doing so, the court hopes to force the IND to make a quick decision on your application for asylum. The amount of the penalty payment may vary, but it is usually €100 per day, with a maximum of €15,000.

The amount may vary. If it is a minor decision and the court finds €100 per day too much, the penalty payment can be €50 per day. And then the maximum amount is €7,500. However, if the court thinks there should be extra pressure precisely because the IND refuses to make a decision, then the amount can be even higher than €100 per day up to an amount of €250 per day and a maximum of €37,500.

A penalty can have financial consequences for you

• For your benefits If the IND has to pay you a penalty payment, the money you get is considered your own. If you receive

  welfare benefits
  , this may then affect the amount of your benefits. Your benefits may then go down. It may also affect the amount of money you can get for furnishing your home. A penalty payment you receive for a late decision by the government is not immediately deducted from your welfare benefits. Your benefits will be reduced only if, as a result, your assets as a single person exceed 8,000 euros (this is the amount that applies since 1 January 2026). For a family, double the amount applies: 16,000 euros. Whether your benefits will be reduced also depends on the municipality where you live. It varies from municipality to municipality how they handle this.

• You may have to contribute payment for your reception centre You may (still) be living in the reception centre if the IND has to pay you a penalty. You may then have to help pay for your reception centre. Or you may receive less or no weekly allowance. How much you must pay depends on how large your family is and how much weekly allowance you receive. Do you have more than €8,000 (if you are single) or €16,000 (if you have a family)? Then you probably have to make a contribution to the payments. You must report this to the

  COA
  . These amounts apply as of 1 January 2026. It is important to check with COA. If you are working, receiving the penalty payment has no consequences unless you receive benefits. You will receive a letter from COA with the amount you must pay.