Asylum law consultation
Every Monday free consultation hour from 17PM – 19PM.
Make an appointment with one of our lawyers. You can register here for a consultation.
Make an appointment
The first meeting is always for FREE and non-binding. We make the first assessment for you.
Asylum law consultation
Every Monday free consultation hour from 17PM – 19PM.
Make an appointment with one of our lawyers. You can register here for a consultation.
Make an appointment
The first meeting is always for FREE and non-binding. We make the first assessment for you.
Asylum law consultation
Every Monday free consultation hour from 17PM – 19PM.
Make an appointment with one of our lawyers. You can register here for a consultation.
Make an appointment
The first meeting is always for FREE and non-binding. We make the first assessment for you.
Asylum law - Litigation: Opportunities?
It may be possible that the Immigration and Naturalization Service (IND) decided to reject your asylum application and that it has not been possible to reverse this decision with appeals at the court. If you have gone through all national procedures (application, appeal and higher appeal) without a positive result, you might want to know what your options are.
According to the authorities, asylum seekers who have exhausted all legal remedies will have to return to their country of origin. The IND will work on your return in collaboration with the Repatriation & Departure Service (DT&V).
The “Second or subsequent asylum application”
If the IND has rejected your asylum application because you have failed to demonstrate your asylum story, you can submit a new asylum application as soon as new documents or new information are available with which you can substantiate your asylum story or if something has changed in your country of origin.
This new application is referred to as the “Second or subsequent asylum application” or “repeated asylum application” (HASA). We assist you in this process, which is considerably different and faster than the first asylum application. Although we guide you in completing the application form and prepare you for the hearing, you must submit the application personally to the IND in Ter Apel since July 2019.
Postponement of departure for medical reasons (Article 64 Immigration Law)
It is also possible that you have exhausted all legal remedies and have to leave the Netherlands, while this is not possible due to your medical condition. This may be the case if your medical condition does not allow you to travel or if the necessary treatment is not accessible in your country of origin. In that case, we can submit a request for postponement of departure on your behalf. This procedure is referred to as the “Article 64 procedure”.
The words “postponement of departure” already say it: if the request is granted, this means that you do not have to return for a certain period of time. It therefore only provides temporary lawful residence in the Netherlands.
If you are granted a postponement of departure, this also applies to your family members, including your spouse, registered partner, minor children and adult children who actually belong to your family.
Asylum law - Litigation: Opportunities?
It may be possible that the Immigration and Naturalization Service (IND) decided to reject your asylum application and that it has not been possible to reverse this decision with appeals at the court. If you have gone through all national procedures (application, appeal and higher appeal) without a positive result, you might want to know what your options are.
According to the authorities, asylum seekers who have exhausted all legal remedies will have to return to their country of origin. The IND will work on your return in collaboration with the Repatriation & Departure Service (DT&V).
The “Second or subsequent asylum application”
If the IND has rejected your asylum application because you have failed to demonstrate your asylum story, you can submit a new asylum application as soon as new documents or new information are available with which you can substantiate your asylum story or if something has changed in your country of origin.
This new application is referred to as the “Second or subsequent asylum application” or “repeated asylum application” (HASA). We assist you in this process, which is considerably different and faster than the first asylum application. Although we guide you in completing the application form and prepare you for the hearing, you must submit the application personally to the IND in Ter Apel since July 2019.
Postponement of departure for medical reasons (Article 64 Immigration Law)
It is also possible that you have exhausted all legal remedies and have to leave the Netherlands, while this is not possible due to your medical condition. This may be the case if your medical condition does not allow you to travel or if the necessary treatment is not accessible in your country of origin. In that case, we can submit a request for postponement of departure on your behalf. This procedure is referred to as the “Article 64 procedure”.
The words “postponement of departure” already say it: if the request is granted, this means that you do not have to return for a certain period of time. It therefore only provides temporary lawful residence in the Netherlands.
If you are granted a postponement of departure, this also applies to your family members, including your spouse, registered partner, minor children and adult children who actually belong to your family.
CAN WE ALWAYS HELP YOU?
Frequently asked questions: Asylum law
Every first conversation is always FREE and without obligation. We make an initial assessment and, if necessary, take over the administrative burden from you.
We mainly work on the basis of funded legal aid: if your income and assets are below a certain limit, the government pays a lot cases your lawyer fees. You only have to pay a small personal contribution, which depends on your income. If you have a benefit, you are almost always eligible for funded legal aid. More information and current income and wealth standards can be found at www.rvr.org .
Application phase A decision must be made within a 'reasonable period': in any case within eight weeks after the application, unless the period is suspended by the government because, for example, you still have to provide information. It may also be the case that specific deadlines apply to certain applications: applications to the Immigration and Naturalization Service (usually) have periods of 90 days and even six months.
Objection phase This applies within six weeks must be decided (in an advisory committee 12 weeks), which term can also be extended by another six weeks. Again, different times may apply on a case-by-case basis. For example, the Immigration and Naturalization Service sometimes uses different terms, such as 19 weeks for objections to regular applications.
Appeals and Appeals Phase During these phases, the duration can increase enormously, depending on when there is an opportunity to schedule a hearing. If it concerns a large criminal case, the duration can amount to a year or even two. If it concerns a case on appeal against a benefit, this can also amount to more than a year's waiting period.
E-mail: Info@vandijkadvocatenkantoor.nl Telephone: 030 - 33 33 000
CAN WE ALWAYS HELP YOU?
Frequently asked questions: Asylum law
Every first conversation is always FREE and without obligation. We make an initial assessment and, if necessary, take over the administrative burden from you.
We mainly work on the basis of funded legal aid: if your income and assets are below a certain limit, the government pays a lot cases your lawyer fees. You only have to pay a small personal contribution, which depends on your income. If you have a benefit, you are almost always eligible for funded legal aid. More information and current income and wealth standards can be found at www.rvr.org .
Application phase A decision must be made within a 'reasonable period': in any case within eight weeks after the application, unless the period is suspended by the government because, for example, you still have to provide information. It may also be the case that specific deadlines apply to certain applications: applications to the Immigration and Naturalization Service (usually) have periods of 90 days and even six months.
Objection phase This applies within six weeks must be decided (in an advisory committee 12 weeks), which term can also be extended by another six weeks. Again, different times may apply on a case-by-case basis. For example, the Immigration and Naturalization Service sometimes uses different terms, such as 19 weeks for objections to regular applications.
Appeals and Appeals Phase During these phases, the duration can increase enormously, depending on when there is an opportunity to schedule a hearing. If it concerns a large criminal case, the duration can amount to a year or even two. If it concerns a case on appeal against a benefit, this can also amount to more than a year's waiting period.
E-mail: Info@vandijkadvocatenkantoor.nl Telephone: 030 - 33 33 000