The Asylum Application Process in the Netherlands and the IND's Assessment Criteria

Entrance

In the Netherlands, asylum applications are processed through a process governed by the obligations under the 1951 Geneva Convention and its 1967 Protocol, which are based on International Law. These applications are handled by the Immigratie en Naturalisatiedienst (IND), an agency of the Dutch Ministry of Internal Affairs and Royal Affairs. The IND assesses the applicant's need for protection within the framework of national legislation, the European Union Asylum Procedures Directive, and international agreements.

Application Location and Registration

Asylum applications can be formally submitted at two different locations:

1. Border Procedure: Individuals arriving by plane or ship from a non-Schengen country are directed to the Aanmeldcentrum (AC) at Amsterdam Schiphol Airport. This application process begins with a declaration of "application for asylum" during passport control.

2. Application in the Country (Territorial Procedure): Applicants who have already arrived in the Netherlands, either from the Dutch land border or for other reasons, are directed to the Central Reception Centre (Centrale Ontvangstlocatie, COL) in Ter Apel. Here, fingerprints, identity and travel documents are examined and registration is completed; they are then referred to temporary accommodation centres (Proces Opvanglocatie, POL).

General Asiel Procedure (AA)

Once registration and initial review are complete, the applicant will be subject to the General Original Procedure . The main outlines of this procedure are as follows:

• Duration: The process, including the initial interview where the applicant tells their story, is completed within a maximum of 8 days.

• Interview: The applicant, accompanied by their lawyer, verbally explains their reasons for immigration and their need for protection to an IND officer.

• Additional Evidence: After the initial interview, additional evidence such as documents, witness statements, or medical reports may be presented.

• Decision Time: The IND will decide on the applicant within 6 months; this period may be extended to a maximum of 15 months for international obligations or complex cases.

Extended and Accelerated Procedures

Extended Procedure

In some cases, when additional investigations or security checks are required, the Extended Procedureis initiated before the 8-day period of the general procedure expires. In this case, the IND informs the applicant about additional interview dates and requests for evidence.

Accelerated Procedure

Accelerated procedure is applied in the following situations :

• If the applicant has already received protection in another EU member state or is under the responsibility of that country (Dublin Arrangement).

• If the applicant comes from a country on the "safe country" list.

• If an asylum application has previously been rejected in another EU country,
  the applicant is only granted one interview opportunity, and a lawyer is usually not allowed to attend. The decision is made quickly; if rejected, the person risks immediate deportation.

Evaluation Criteria

IND assesses asylum applications based primarily on two main criteria:

1. Applicant's Story and Credibility: The applicant's alleged persecution scenario is examined in light of witness statements and consistent evidence. Further questioning will be conducted if inconsistencies or contradictions are found.

2. Country of Origin Security Situation: The current political or humanitarian situation in the applicant's country of origin is analyzed taking into account UNHCR reports and country reports from the Dutch Ministry of Foreign Affairs. This analysis is compared with the applicant's personal history.

Decision and Residence Permit Results

• Determination of Need for Protection: If the IND determines that the applicant is at risk of persecution or torture, it will issue an “asylum residence permit”. This permit is initially temporary and can later be converted to permanent refugee status.

• Rejection and Repatriation: Applicants who do not require protection are usually notified of the decision and will be returned to their country of origin or the first EU country they entered.

Appeal and Judicial Review

For rejected applications, the applicant or the IND may appeal to the district court within four weeks of notification of the decision. The court examines whether the IND's assessment followed procedural rules, and whether it complied with case law and national/international law. The parties may then appeal the court's decision to the Council of State . At this stage, judicial review is more limited (marginal) and only legal matters are considered.

Current Trends

Recently, a significant increase in the number of rejected asylum applications has been observed in the Netherlands, due to a rise in base demands and a tightening of security policies. Asylum experts and aid organizations emphasize that the new methods implemented by the IND (Dutch Immigration and Naturalization Service) as of July 1st have increased the rejection rate.

Conclusion and Recommendations

The asylum application process in the Netherlands is characterized by strict procedural rules and detailed assessments. It is critical that the story and evidence presented by applicants during the initial interview are consistent, understandable, and verifiable. Furthermore, following pre- and post-application country reports and UNHCR documents will increase the chances of a favorable outcome. If an application is rejected, it is recommended to immediately seek support from an experienced lawyer to ensure the court review process proceeds in accordance with procedure and law