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Appealing the IND's decision

Last updated: 30/10/2024, 15:36

The Immigration and Naturalisation Service (IND) has rejected your asylum application. What can you do if you disagree with this rejection?

This is how to appeal against the IND's decision

If you disagree with the

Immigration and Naturalisation Service
's (IND) decision, your lawyer can appeal to the court. Discuss with your lawyer whether you want to do this. If your lawyer appeals, the court will decide if the IND's decision is justified. The court does not decide if you will get a residence permit. The court does not look at the content of the decision but assesses whether the IND carried out the procedure properly.

If the court decides the IND did not carry out the procedure properly, the IND must make a new decision. If the court rules that the IND did carry out the procedure properly, you must leave the Netherlands. However, you can still appeal. Or you can reapply for asylum. Discuss with your lawyer whether you want to do this.

This is how to appeal

If you disagree with the court's ruling, your lawyer can appeal to the

Council of State (CoS)
. Discuss with your lawyer whether you want to do this. The IND can also appeal against the court's ruling.

This higher court also does not look at the content of your case but at whether the court has ruled correctly.

The Council of State is the highest court in the Netherlands. That means you cannot pursue litigation in the Netherlands after the CoS ruling. You have to abide by it.

You may not be allowed to stay in the Netherlands to wait for the ruling

If you appeal to the court against the IND's decision, you are usually allowed to stay in the Netherlands until the court makes a decision. If you then appeal against the court's decision, this is not the case. But you can ask the judge for a preliminary injunction. This request to stay in the Netherlands until the court makes a decision can be rejected.


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