The procedure for the repeated asylum application has its own rules. The repeated asylum application procedure applies to asylum seekers who already submitted one or more asylum applications in the Netherlands without any success. If there are new facts and circumstances, a new asylum application may be submitted.

On the website of the INS you will find the application form called model M35. This form should be completed in Dutch and as far as possible be accompanied by supporting documents. Subsequently, the asylum seeker should report to the application centre in Ter Apel with the original filled in form and supporting documents. After the applicant's identity has been checked, the form and supporting documents must be handed over to a staff member of the so-called HASA desk (repeated Asylum Application) in Ter Apel. In this manner the repeated asylum application is submitted. The asylum seeker is once again entitled to shelter. The further course of the procedure depends on whether or not an interview takes place.   

Interview or no interview?

The INS will decide whether or not an interview will take place. If an interview will be held, an invitation will be issued for the interview that will take place in Den Bosch, Ter Apel or Zevenaar. This interview will only deal with the new facts and circumstances.

A positive decision will be announced the same day as the interview. If the INS intends to reject the asylum application, this will also be announced on the same day via a preliminary decision. The attorney has one day to respond to this preliminary decision. This reaction is referred to as the so-called zienswijze. On the next day, the INS will make a decision or announce that she needs more time to make a decision, for example because further research is required with regard to the submitted documents.

If the INS does not interview the asylum seeker a negative preliminary decision will always be the outcome. The attorney may respond to this decision within one day via the so-called zienswijze. On the next day, the INS will either take a positive or negative decision or she needs more time to take a decision. If the INS needs more time, the asylum seeker will still have the right to shelter.

Appeal procedures

If the decision in the repeated asylum procedure is negative, it is possible to lodge an appeal against the negative decision of the INS and, if the decision of the district court is negative, an appeal with the Afdeling Bestuursrechtspraak van de Raad van State (ABvRS) can be lodged. These procedures do not have a suspensive effect, which means that the asylum seeker cannot stay lawfully in the Netherlands. Therefore, in addition to lodging an appeal, the asylum seeker will also have to apply for a provisional injunction with help of his or her attorney, which entails the request to lawfully stay in the Netherlands during the appeal procedure.

Please note that our office does not provide legal aid for repeated asylum applications on the basis of funded legal aid as the fee for the work in these cases does not cover costs. We ask for your understanding in this respect.