Source: IND
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The IND is no longer required to pay a penalty

Published at: 16/10/2026, 08:00

On 13 October 2026, the Senate passed an amendment to the law meaning that asylum seekers and those granted refugee status can no longer be subject to a penalty payment if the IND takes too long to decide on their asylum application or application for family reunification. Find out what this means for legal proceedings and what options remain.

What will change for people awaiting a decision from the IND?

The

must decide on an asylum application or an application for family reunification within a specified period. This is known as the decision period.

People with a residence permit who are awaiting

may also face delays in the IND’s decision. They hold an asylum residence permit and have applied to have their family members join them in the Netherlands. This is also known as ‘family reunification’.

If the IND takes too long to reach a decision, asylum seekers and people with a residence permit can take the matter to court if the IND fails to reach a decision on time following an official request.

The court may order the IND to reach a decision within a new time limit. The court may also order the IND to pay compensation to the applicant if the IND is late in reaching a decision. This sum of money is known as a penalty payment.

On 13 October 2026, the

approved an amendment to the law. This amendment provides for the abolition of the penalty payment.

The court may still order the IND to make a decision, but it can no longer impose a penalty payment.

The new rules also apply to other applications for residence permits and to appeals against decisions made by the IND.

What does the new law mean for asylum seekers who have already taken their case to court?

For asylum seekers and people with a residence permit who have already brought legal proceedings, the date on which this took place is important. 

If the IND is late in reaching a decision and an appeal has been lodged before the new rules come into force on 16 October, the old rules will continue to apply to that court case. The court may still order the IND to pay a penalty if the IND has still not reached a decision.  

This does not apply to people who have

on the IND by means of an official letter, but have not yet lodged an appeal with the court.  Read this article on RefugeeHelp to find out how the notice of default works and what you can do if the IND is late in making a decision.

It is important to discuss with a solicitor what the new law means for your own case. If you have any questions, you can also contact the online consultation service run by VluchtelingenWerk Nederland. 

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