Author
General (scope, criteria, time limits)
There is no separate admissibility procedure in the Netherlands. Having said that, the outcome of the asylum procedure may be that an asylum request is rejected as inadmissible.
According to Article 30a of the Aliens Act, an application may be declared inadmissible where the asylum seeker:
- Enjoys international protection in another EU Member State;
- Comes from a “first country of asylum” i.e. is recognised as a refugee or otherwise enjoys sufficient protection in a third country;
- Comes from a “safe third country”;
- Has submitted a subsequent application with no new elements;
- Has already been granted a residence permit.
This examination is carried out in the asylum procedure as described in the Regular Procedure (“Track 4”) for most cases. Applications from persons who are presumed to have already received international protection in another EU Member State, are handled in the Accelerated Procedure (“Track 2”).[1]
There are no statistics available on the number of applications dismissed as inadmissible in 2023. No statistics are (publicly) available regarding the number of applications dismissed as inadmissible.
Personal interview
The same procedure as in the Regular Procedure is followed, with the exception of persons who have already received international protection in another EU Member State, whose asylum requests are handled in Track 2 as outlined below.[2] Therefore, the same remarks are applicable concerning the interview (see Regular Procedure: Personal Interview).
Appeal
The asylum seeker has one week to lodge an appeal against the decision to reject the asylum application as inadmissible[3] Just like most other rejection grounds (with the exception of ‘manifestally unfounded’), an asylum seeker whose request was rejected as inadmissible has to leave the Netherlands within four weeks.[4] This appeal has no automatic suspensive effect, except in the case of the “safe third country” concept.[5]
The same rules apply regarding a request rejected as inadmissible as the other grounds for rejection outlined in Regular Procedure: Appeal.
Legal assistance
The same procedure as in the Regular Procedure is followed, with the exception of persons who have already received international protection in another EU Member State, whose asylum requests are handled in Track 2 as outlined below.[6] Therefore the same remarks are applicable concerning legal assistance (see Regular Procedure: Legal Assistance).
[1] Article 3.109ca(1) Aliens Decree.
[2] Article 3.109ca(1) Aliens Decree.
[3] Article 69(2)(c) Aliens Act.
[4] Article 62 Aliens Act.
[5] Article 82(2)(b) Aliens Act.
[6] Article 3.109ca(1) Aliens Decree.