Article 69 of the Aliens Act 2000 (Vreemdelingenwet 2000, Vw 2000) sets the time limit for filing a notice of objection (bezwaar) or an appeal (beroep) in immigration cases at four weeks. This departs from the general six-week term in article 6:7 of the General Administrative Law Act (Algemene wet bestuursrecht, Awb).
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When does the four-week term start and end?
The term starts on the day after the decision has been announced, which is usually the day after it was sent (article 6:8 Awb). An objection sent by post is on time if it is posted before the end of the term and arrives no later than one week after the term ends (article 6:9 Awb).
Example: the IND rejects a family reunification application and sends the decision on 2 March. The term runs from 3 March up to and including 30 March.
Does the four-week term apply to every decision?
It applies to decisions under the Aliens Act 2000, such as refusals of residence permits and extensions. Some procedures have different rules. Naturalisation and option decisions fall under the Netherlands Nationality Act, so the general six-week term of the Awb applies there. A fine under the Foreign Nationals Employment Act also follows the six-week term.
What happens if you file too late?
A late objection is in principle inadmissible, however strong the case is. The IND will only assess it on the merits if the delay is excusable, for example because the decision was sent to the wrong address.
Frequently asked questions
Can I file a short objection first?
Yes. You can file an objection without grounds to protect the deadline. The IND then gives you time to submit the grounds.
Can I stay in the Netherlands during the objection?
Not always. If the objection does not suspend your departure, you can ask the court for a provisional measure (voorlopige voorziening).
Related terms
- Objection and appeal in immigration cases
- Notice of objection
- Decision period in immigration cases
- Article 16 Aliens Act 2000
- Article 18 Aliens Act 2000
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