This is what you can do if the IND is late in deciding your asylum case
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The IND must decide on your asylum application in time. If the IND does not decide on time, you can officially ask the IND to make a decision within 2 weeks. This is called "notice of default".
The IND now often has more than 15 months to decide on your asylum application
The law states that the
Once you sign the asylum application, the 15-month period begins to run
The 15 months the IND officially has starts from the day you sign your asylum application at the
Ask the IND officially to make a decision within 2 weeks if they are late
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:
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 51Make 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.
This is what happens if the IND makes a decision within 2 weeks
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:
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 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.
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.
This is what happens if the court decides you are right
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 fine. By doing so, the court hopes to force the IND to make a quick decision on your application for asylum. The amount of the fine can vary, but it is usually €100 per day, up to a maximum of €15,000.
The amount can vary. If it is a minor decision and the court finds €100 per day too much, the penalty can be €50 per day. And then the maximum amount is €7,500. But 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 €250 per day and a maximum of €37,500.
A penalty can have financial consequences for you
If the IND has to pay you a penalty, then the money you receive will be considered your own money. If you have welfare benefits, this could then affect the amount of your benefits. Or for the amount of the furnishing loan you can take out to furnish your house. If you (still) live in the reception centre, the amount you receive may mean that you have to help pay for your reception centre yourself or that you receive no or less weekly or living allowance. It is important to check this with COA. If you work, it has no consequences unless you receive benefits.
A penalty you receive for a late decision by the government is not immediately deducted from your welfare benefits. Your benefit will only be reduced if, as a result, your assets as a single person exceed 7,770 euros. For a family, this amount is doubled. Whether your benefit will be reduced also depends on the municipality where you live. How they deal with this differs per municipality.