Asylum law
Asylum law specifically focuses on protecting people who have left their country of origin due to well-founded fear of persecution, war, or other serious circumstances. The goal of asylum law is to provide these individuals protection by granting them a residence permit based on the Refugee Convention and other international treaties. Asylum seekers must demonstrate their fear of persecution or harm in the asylum procedure, which is handled by the Immigration and Naturalization Service (IND). Asylum law thus concerns obtaining protection and a residence permit for refugees or individuals at risk upon return to their home country.
It is essential to have legal assistance during the asylum procedure. A specialized attorney can help prepare the asylum application, attend hearings, and advise on next steps, such as filing an appeal if the IND issues a negative decision.
Izgi Advocatuur provides expert legal support to asylum seekers. Mr. Izgi guides you through the entire asylum process and ensures your interests are optimally represented.
Contact us for a no-obligation consultation and expert guidance in your asylum case.
Types of Asylum Procedures
Depending on the situation and origin of the asylum seeker, asylum law includes the following procedures (this list is not exhaustive):
General Asylum Procedure (AA): The 'standard' procedure, usually completed within six (or nine) days.
Extended Asylum Procedure (VA): Applied when the AA cannot be completed within the standard period, for example, due to medical reasons or the need for additional investigation. Your attorney will be notified of this. You will, of course, be kept informed.
Dublin Procedure: Applicable when another EU country is responsible for processing the asylum application, for example, if the asylum seeker previously applied for asylum there or entered Europe via that country.
The ('Standard') Asylum Procedure
Registration and Registration: After arrival in the Netherlands, the asylum seeker reports to a registration center, where personal details are collected and an initial screening takes place, for example, at the Ter Apel registration center.
Registration Interview: A conversation with an IND employee to establish identity, nationality, travel route, and reasons for the asylum application.
Further Interview: If necessary, a more detailed conversation follows where the asylum seeker tells their asylum story. Together with your attorney, you can prepare and correct the registration and further interview (the so-called 'corrections and additions') and submit these to the IND. This is very important, as the asylum seeker can respond to the interview during these corrections and clarify any ambiguities, translation errors, and/or incorrect interpretations.
Decision: The IND assesses the application and makes a decision. If positive, a residence permit is granted; if negative, the IND issues a provisional decision against which your attorney can submit a response. After submitting this response, a new decision follows. If positive, a residence permit is granted; if negative, your attorney can file an appeal.
The Dublin Procedure
The Dublin Procedure is an important part of the asylum application in the Netherlands and other EU countries. The goal of this procedure is to determine which country is responsible for processing an asylum application. The procedure is applied if an asylum seeker has entered the Netherlands via another EU country, a European Economic Area (EEA) country, or Switzerland, or if the asylum seeker previously applied for asylum in one of these countries.
When Is the Dublin Procedure Applied?
The Dublin Procedure is usually applied in the following situations:
Previous Asylum Application in Another EU Country
If you previously applied for asylum in another EU country, that country is generally responsible for processing your asylum application in the Netherlands. The IND checks whether you are already registered in another country before assessing your application in the Netherlands.Entry via Another EU Country
If you entered the Netherlands via another EU country, that country may be deemed responsible for processing your asylum application. This applies, for example, if you traveled to another country first and then to the Netherlands.Family Members in Another EU Country
If your family members (partner or minor children) have applied for asylum or reside in another EU country, that country may also be responsible for your application. This applies especially if your family members already have a residence status in that country.
The Dublin Procedure Process
Registration of the Asylum Application
When you apply for asylum in the Netherlands, the IND will register your application. This checks whether there are previous asylum applications in other EU countries or if you entered the Netherlands via another country.Investigation by the IND
The IND investigates whether another EU member state is responsible for processing your asylum application. This is based on various criteria, such as your travel route and previous applications in other countries.Dublin Claim and Transfer to the Responsible Country
If the investigation shows that another country is responsible for your asylum application, a "Dublin claim" is submitted to that country. This is a request to transfer you to the country responsible under the Dublin Regulation for processing your asylum application.Transfer to the Responsible Country
If the other EU member state agrees, your transfer is arranged. This may take some time, depending on cooperation between the countries.Refusal of Transfer
If the other country refuses responsibility for your asylum application or does not execute the transfer, the IND may decide to process your application further in the Netherlands.What Happens if the Netherlands Is Responsible?
In some cases, the Dublin Procedure may be rejected, and the Netherlands remains responsible for processing your asylum application. This may occur if there is insufficient evidence of another responsible EU member state or if other exceptions apply, such as serious medical circumstances.
Response and Appeal
If you disagree with the IND’s decision in a Dublin case, you can submit a response. The IND will assess your response and make a new decision. If you still disagree with the new decision, you can appeal to the court.
The Dublin Procedure can be complex, and legal guidance is often important to ensure your rights are properly protected. Izgi Advocatuur has experience with Dublin cases and can help you file objections or appeals against the IND’s decision.
Contact us for more information or assistance with your Dublin Procedure and asylum application.