Asylum procedure

Asylum seekers have the right to legal assistance provided by an attorney during the asylum procedure. An attorney is automatically appointed to an asylum seeker. The attorney is, however, not immediately appointed after the asylum seeker filed the application in the Netherlands.

To apply for asylum, the asylum seeker must report to the application centre in Ter Apel. The asylum application will be submitted over there most of the time. If someone comes to the Netherlands by plane, he or she must report to the Royal Netherlands Marechaussee and the asylum seeker will be taken to the application centre at Schiphol where the asylum application will be submitted. Applying for asylum is for free. After applying for asylum in Ter Apel or at Schiphol, if the asylum seeker arrived by plane, an interview with the Aliens Police (in the Dutch the so-called AVIM) is often held. If the asylum seeker falls within the scope of tracks 3, 4 or 5 also a so-called initial interview with the Immigration and Naturalisation Service (INS) will be held. During the reporting interview and the interview with AVIM staff no questions may be asked about the motives of the asylum seeker.

How the procedure then proceeds depends on what type of procedure (track) is followed. The following five tracks can be followed:

  • The Dublin procedure (track 1)
  • Safe country of origin or international protection in another EU country procedure ( track 2)
  • Fast-track procedure for well documented foreigners ( track 3)
  • The General Asylum Procedure (track 4)
  • Possible granting, after investigating the identity/nationality (track 5)

Tracks 3 and 5 are designed to make sure that promising asylum applications can be processed more quickly. Under the scope of track 3, for example, fall well-documented asylum seekers coming from a country where there is war. Under the scope of track 5, for example, fall undocumented asylum seekers from a country at war. If the research by the INS confirms the identity and or nationality of the asylum seeker, asylum will be granted.

In addition, it is also possible to submit a new asylum application after a rejection. That is what we call a repeated asylum application.

Our attorneys are specialised in asylum law and can assist you on a pro bono basis.  However, our office does not assist asylum seekers who submitted a repeated asylum application, now the fee does not cover the costs. We ask for your understanding on this matter.