IND Objection Lawyer in the Netherlands

If the IND refuses your application or withdraws your permit, you can in most cases lodge an objection or an appeal. The period is four weeks, counted from the day after the decision is notified. Which remedy is open is stated in the decision itself.

The four-week deadline

Immigration cases have their own deadline. Under Article 69(1) of the Aliens Act 2000 the period for lodging a notice of objection or appeal is four weeks, in derogation from the six weeks of Article 6:7 of the General Administrative Law Act (Awb). Under Article 6:8(1) Awb the period starts the day after the decision is notified in the prescribed manner, and under Article 6:9 Awb a document sent by post is in time if it was posted before the end of the period and received no later than a week afterwards.

If the grounds are not ready, a pro forma objection filed within the period preserves the deadline; the IND then sets a term for completing the grounds. A late objection or appeal is in principle inadmissible. Article 6:11 Awb makes an exception where the applicant cannot reasonably be held to have been in default.

Objection at the IND

The objection is dealt with by the IND itself: a full reconsideration in which facts and documents that came to light after the first decision also count. The notice of objection sets out which parts of the decision are wrong, which conditions are in fact met, and which documents support that. Under Article 7:2 Awb the administrative body gives interested parties the opportunity to be heard before deciding on the objection; whether and when a hearing takes place appears from the IND’s correspondence.

Appeal to the court

Not every case allows an objection; in some procedures an appeal must be lodged with the district court directly. The decision states which remedy applies. If the objection is declared unfounded or inadmissible, an appeal to the court is open, again within four weeks. The court reviews the IND’s decision; it does not take the IND’s place, but it can annul the decision and order a fresh one. A further appeal lies with the Administrative Jurisdiction Division of the Council of State.

When the IND does not decide in time

Under Article 25 of the Aliens Act 2000 the IND decides within 90 days, extendable by up to six months where advice or investigation by third parties or the public prosecution service is needed. Once the period has expired you can give the IND written notice of default. If a decision still does not follow, an appeal for failure to decide in time is possible: under Article 6:12 Awb that appeal is not bound to a period and can be brought once the body is in default and two weeks have passed since the written notice. The court can set a term within which a decision must be taken.

Interim relief

If you want to await the outcome in the Netherlands and the IND does not accept that, the provisional measures judge can be asked for interim relief. Article 8:81 Awb allows the judge of the court that has, or may acquire, jurisdiction in the main case to grant interim relief where urgency, having regard to the interests involved, requires it. The request can be made once an objection or appeal has been lodged.

What we do

• Assess the refusal and the remedy that is open.
• Guard the deadline and file a pro forma objection where necessary.
• Request and review the file and draft the grounds.
• Represent you at the hearing at the IND.
• Appeal to the court and, where applicable, to the Council of State.
• Request interim relief.
• Give notice of default and appeal for failure to decide in time.

Most of our objection cases concern a family reunification refusal, a highly skilled migrant file or a withdrawal of a permit; see also our immigration practice.

What it costs

We work on an hourly basis: 250-350 euro for a lawyer and 300-400 euro for a partner, excluding VAT. The first introductory meeting is free of charge. Court fees and IND fees are charged separately. Law & More does not work on legal aid (toevoeging).

Contact

Call +31 40 369 06 80 or email info@lawandmore.nl. Keep the decision and its date at hand so the deadline can be established immediately. Our office is at Marconilaan 13, 5612 HM Eindhoven; by appointment we also receive clients at Pietersbergweg 291 in Amsterdam.

Frequently asked questions

How long do I have to object to an IND refusal?

Four weeks, under Article 69(1) of the Aliens Act 2000. The period starts the day after the decision is notified. The notice of objection must be received within that period; for postal items Article 6:9 Awb applies.

What is a pro forma objection?

An objection filed within the period without the grounds being fully worked out, which preserves the deadline. The IND then sets a term for completing the grounds. If that term is not used, the objection can be declared inadmissible.

What happens if I am late?

A late objection or appeal is in principle inadmissible. Article 6:11 Awb makes an exception where the applicant cannot reasonably be held to have been in default; whether that applies depends on the reason for the delay.

May I stay in the Netherlands while the procedure runs?

That does not follow automatically from lodging an objection or appeal and differs per case; the decision states whether you may await the outcome here. If not, interim relief can be requested under Article 8:81 Awb.

What can I do if the IND does not decide at all?

Give the IND written notice of default once the decision period has expired. If no decision follows within two weeks after that, an appeal for failure to decide in time can be brought before the court under Article 6:12 Awb.

Law & More does not handle asylum cases. For an asylum procedure, contact the Juridisch Loket or VluchtelingenWerk Nederland; during the asylum procedure you are entitled to a lawyer through the Legal Aid Board.