Applying for asylum if you are suspected of crimes (1F)
To get asylum in the Netherlands, you have to prove that it is too dangerous for you in the country you come from. However, even if you can prove that, sometimes you still will not get asylum. For example, if you are suspected of war crimes, terrorism, torture or other crimes against humanity.
You need to meet a number of conditions in order to receive protection in the Netherlands
As the Netherlands has signed the
You will not get protection if you have committed very serious crimes
Article 1F of the Refugee Convention states that you have no right to protection if you have committed very serious crimes. Even if you are in danger in your own country. Article 1F includes war crimes, for example, but also terrorism, torture and other crimes against humanity, such as murder and rape.
The IND investigates your situation
If you apply for asylum in the Netherlands, the
There must be strong evidence to judge that you are guilty of these crimes. This might include signs that you worked in your own country for an organisation that violated human rights and that you contributed to this. So you do not have to have committed the crime yourself, but making a significant contribution to the crime may be enough. If you did not torture anyone during your military service, but brought prisoners to a place where you knew or could have known that they were being tortured, this may be sufficient reason for a rejection. The IND will always reject your asylum application if the IND thinks you are guilty of war crimes or very serious other crimes.
Protection is for victims, not offenders
Not only before you start your asylum procedure, but also during or after the procedure, the IND may receive indications that you have committed crimes. For example, because victims or witnesses of these crimes live in the Netherlands and recognise you. The IND will always investigate these indications.
1F investigations are always complicated because the crimes happened far outside the Netherlands. The IND must make it clear that there are serious reasons to think that you yourself were involved in these crimes. And that you knew or should have known that they happened because of your behaviour. The IND investigation team talks to you, gathers information and also looks at information from human rights organisations about your country.
The IND always checks whether you are responsible for your own actions. Sometimes you are not, for example if you were obliged to carry out the orders of the government in your country. Or if you were forced by someone or acted in self-defence. The IND is usually strict about this. If you say you were forced to commit the crimes, for example, the IND will investigate whether you were able to escape (before). For example, if an order would clearly result in a violation of human rights, this does not exonerate you.
Your asylum requests may be rejected and your residence permit revoked
Once all indications have been investigated, the IND will make a decision. If the IND finds that you are (jointly) responsible for serious crimes, the IND will reject your asylum application. You will then not be allowed to stay in the Netherlands. If you already have a residence permit in the Netherlands, it may be revoked. You may even lose your Dutch citizenship if you have it.
You can appeal the IND's decision to a court. The court will examine whether the IND made this decision. If the court agrees with the IND, you must return to your own country. If you cannot return to your own country because it is too dangerous for you, the Netherlands cannot send you back. But you will not get a residence permit either.