Here is what you can do if the IND is late in deciding

Last updated: 15/10/2024, 13:44

The Immigration and Naturalisation Service (IND) must decide on your application in time. If this does not happen, you can officially ask the IND to make a decision within 2 weeks. This is called 'in gebreke stellen' (notice of default).

Ask the IND officially to make a decision anyway

Is the

Immigration and Naturalisation Service (IND)

late in deciding on your application? Then you can use the form in the link below and send it to the following address:

Immigratie- en Naturalisatiedienst Postbus 14 9560 AA TER APEL

After receiving the notice of default, the IND has 2 weeks to make a decision on your application.

Form: IND notice of default

Use this form to ask the IND to make a decision within 2 weeks.

More information

Your application must be complete

If your application was not complete, the IND can reject your application. So make sure your application was complete at the time you declare them in default.

This is what you can do if the IND still will not make a decision

If the IND still does not make a decision after your notice of default, the IND is obliged to pay you a fine. And you can appeal to the courts.

Appealing to the court

To start the procedure, you file a notice of appeal with the court. A notice of appeal is a document you use to start proceedings against the government within administrative law.

Usually the court decides without you there needs to be a tribunal

The court often decides these types of cases by just looking 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. Then there does not need to be a tribunal.

If there does need to be tribunal, you will receive a letter about this from the court.

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 regarding your application. Usually, the court gives the IND 2 weeks to do this. If the IND does not decide within this time frame, the court can impose an additional fine on the IND for each day they are late according to the time limit set by the court.

If there is no hearing, the court issues a ruling within 8 weeks of receiving the notice of appeal. If there is a hearing, the court will issue a ruling within 6 weeks of the hearing. If the court needs more time, they will inform you. The ruling will be sent to your address.

You can get legal help

You can seek legal advice from a lawyer before you decide to force the IND to make a decision. This will increase your chances of a positive outcome. You can also go to

VluchtelingenWerk Nederland (VWN)

if you have any questions.