What can you do if the IND is late in making a decision on your asylum application?
Share on social media:
The IND must reach a decision on your asylum application within the prescribed time limit. If the IND fails to do so, you can formally request that it reach a decision within two weeks. This is known as ‘in gebreke stellen’ (giving notice of default). Read this article to find out how it works.
According to the law, the
If you submitted your asylum application before 12 June 2026, the IND is required by law to make a decision within 6 months. If you submit your application for an asylum residence permit after 12 June 2026, it depends on which asylum procedure the IND uses to process your application. For the standard (non-accelerated) asylum procedure, a decision period of 6 months still applies. If your application is being processed under the
The IND may extend the decision period if more time is needed. You will then be notified by the IND. Depending on the application, the IND will determine by how much the decision period is extended.
Ask your lawyer to check which decision period applies to you
Ask your lawyer to help you check which decision deadline applies to your asylum application. You can also check this on My IND. It states when the IND must decide on your application in accordance with the statutory deadline.
You may have to wait a long time for your interviews with the IND. This may make it seem as though your asylum procedure has not really started yet. However, the decision period may already be underway. That is why it is important to consider not only your interviews with the IND, but also the decision period that applies to your application.
Ask the IND officially to make a decision within 2 weeks if they are late
Has the deadline for a decision passed and has the IND still not made a decision? In that case, you and your lawyer can ‘
You do this as follows:
Ask your lawyer to help you with this and
to complete the IND form.
The IND will only process the notice of default if you send it to the correct postal address or via the correct secure email address. Please send the printed and completed form by registered post to:
Immigration and Naturalisation Service
PO Box 14
9560 AA TER APEL
Secure emailing
You can also send the form and the authorisation
Please note: make sure you have completed all the fields on the form. It is important that your asylum application is complete. If the IND requires further information, this may affect the processing of your application.
This is what happens if the IND makes a decision within 2 weeks
If the IND responds to your ‘notice of default’ and makes a decision on your asylum application within 2 weeks, then this stage is complete. You will have received a decision. Your asylum application will either be approved or rejected.
If the IND still doesn not make a decision you can go to court
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:
To initiate proceedings, your solicitor must lodge an appeal with the court. By lodging an appeal, you are asking the court to examine whether the IND has complied with the rules. In this case, the issue is that the IND failed to reach a decision in time.
Sometimes you will need to attend court with your solicitor, but usually not. The judge often decides on cases of this kind simply by looking at the documents. The court asks the IND to send the case documents and to explain why a decision has not yet been made. If you do need to attend court, you will receive a letter from the court informing you of this.
Under the law, the judge must deliver a judgement within 8 weeks if no hearing is required. If a hearing is required, the judge will attempt to deliver a judgement within 13 weeks. In practice, it may take longer. The judge’s judgement will be sent to you.
This is what happens if the court decides you are right
If the court rules in your favour, the IND must make a decision on your application promptly. In most cases, the court will grant the IND additional time to do so. If the IND still fails to make a decision within that timeframe, the court may impose a fine on the IND. The IND must then pay this to you. This is known as a penalty payment. In this way, the court seeks to ensure that the IND does, in fact, make a prompt decision on your asylum application.
On 13 October 2026, the Senate passed a bill abolishing judicial penalty payments. The government has yet to determine when the new rules will come into force. Until then, the court may still impose a penalty payment on the IND.
Once the new rules come into force, the court will still be able to order the IND to reach a decision within a new time limit. However, the court will no longer be able to impose a penalty payment.
Special rules apply to people who have already taken their case to court. If the IND was already late and your solicitor lodged an appeal before the new rules came into force, the old rules will continue to apply to that court case. The court may still impose a penalty payment.
Have you only served notice of default on the IND, but have not yet lodged an appeal? In that case, the old rules do not automatically apply to you. Discuss with your solicitor what the new law means for your situation.
The court determines the amount of the penalty payment and the maximum amount
The amount of the penalty payment may vary, but it is often €100 per day, with a maximum of 7,500 or 15,000.
If the court finds that additional pressure is indeed required because the IND has failed to reach a decision, the amount may even exceed 100 euros per day, up to 250 euros per day and a maximum of 37,500.
These amounts will remain relevant for as long as the current rules apply and in legal proceedings to which the old rules continue to apply.
A penalty payment may have financial consequences for you
for your benefit
If the IND is required to pay you a penalty, the money you receive is treated as your own funds. If you are receiving, this may affect the amount of your . Your benefit may then be reduced. It may also affect the amount of money you can receive to furnish your home. A penalty payment you receive due to a delayed decision by the government will not be deducted directly from your social assistance benefit. Your benefit will only be reduced if, as a result, your assets as a single person exceed 8,000 euros (this is the amount that has applied since 1 January 2026). For a family or a single parent, the amount is double that: 16,000. Whether your benefit is reduced also depends on the local authority where you live. How local authorities handle this varies from one to another. 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. 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.