Source: Jan H Andersen
Article

Additional information about your asylum procedure if you are under 18 years of age

Last updated: 30/12/2024, 14:00

Are you younger than 18 and have fled to the Netherlands on your own? Then the asylum procedure may go a little differently for you than for adults. There are special rules and you receive additional support. In this article you can read what you need to know.

The Nidos organisation supports you during the asylum procedure

Are you younger than 18 and applying for asylum in the Netherlands? Then you will always get an interview with an employee of the

Nidos
organisation. This organisation arranges a
guardian
for you. This guardian is responsible for you in the Netherlands and supports you during the asylum procedure.

In addition to being entitled to a guardian, you have a number of rights during the asylum process:

The Netherlands is almost always responsible for your asylum application

The Netherlands must process your asylum application itself, even if you have already applied for asylum or are registered in another European Union (EU) country. The IND can send you to another European country only in certain cases:

  • If you have family members in another European country.

  • If you already have a residence permit in another European country.

However, an adult person (over 18) can be sent to another European country. The Netherlands can do this if the person has already applied for asylum or is registered in that country. The Netherlands then asks the other country to continue processing the asylum application through the Dublin procedure.

You apply for asylum in the village of Ter Apel

The IND always handles your asylum application in Ter Apel, a village in the Netherlands. Do you arrive at another place in the Netherlands? Then you must travel to Ter Apel yourself. Do you arrive by plane? Then you will be brought to Ter Apel after you say at passport control that you want to apply for asylum.

The IND takes your age into account during the asylum procedure

If you came to the Netherlands alone and are under 18 years of age, you go through the same asylum procedure as adults. But the

Immigration and Naturalisation Service (IND)
, which assesses your asylum application, does take your age into account. For example:

  • Your guardian is always present at interviews with the IND.

  • The IND may give you more time for interviews.

  • The IND may ask the questions in a different way so you understand them better.

You have a right to protection from return if your asylum claim is rejected

Is your asylum application rejected in the Netherlands? Then you have to return to your country of origin. But if you are under 18, you may not be forcibly returned just like that.

The IND must first prove that it is safe to send you back. For example, they investigate whether there is family who can care for you and whether there is otherwise a suitable place for you to live. This investigation often takes a long time. During the investigation, you stay in the Netherlands. In practice, it is rare for people younger than 18 to be sent back.

This is what happens if you turn 18 during your asylum procedure

If you turn 18 during the asylum procedure, the procedure continues according to the rules for adults. Your rights also change:

  • You are no longer entitled to a place in a special reception centre for young people. You move to an adult reception centre.

  • You will no longer get a guardian from Nidos to help you during the procedure.

  • You still have the right to education and may complete your education, but sometimes you get less help or guidance.

  • You are still entitled to health care.


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The information you will find on this platform comes from the human rights organisation VluchtelingenWerk Nederland, in cooperation with its partners.
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