Decisions of the Immigration and Naturalisation Service can be challenged, but the route differs by case. For ordinary permits it begins with an objection to the Service itself; for asylum it goes straight to the district court.
Legal basis
Chapter 7 of the Aliens Act 2000 supplements the General Administrative Law Act. For ordinary decisions the objection period is four weeks under Article 69, shorter than the usual six. For asylum decisions objection is excluded and the appeal period is four weeks, or only one week in the accelerated procedure. Article 73 gives suspensive effect to an objection in ordinary cases, but there are exceptions; in many cases interim relief must therefore be sought to prevent removal. Article 83 allows facts and circumstances arising after the decision to be taken into account on appeal, an important departure from ordinary administrative law. Further appeal lies to the Administrative Jurisdiction Division of the Council of State, within four weeks, or one week in asylum cases.
How it works in practice
The short deadlines force quick action: a pro forma objection or appeal with a request for time to supplement is standard. Where removal is announced, an application for interim relief is the instrument that in practice decides whether someone may await the ruling in the Netherlands.
Where it goes wrong
People assume that lodging a remedy always halts removal; it does not. A second error is raising new facts only on further appeal, when Article 83 provides for them at the appeal stage. Third, the shorter four-week period is confused with the ordinary six weeks.
Related terms
The procedure connects to the return decision, to interim relief and to the notice of objection in general administrative law.
Have you received a refusal? Our immigration law specialists monitor the deadline and lodge the remedy.
