Author
General (scope, grounds for accelerated procedures, time limits)
Since 2016 a specific ‘accelerated procedure’[1] (usually simply referred to as ‘Track 2’) has been established by Article 3.109ca of the Aliens Decree, for applicants who are presumed to:
- come from a Safe Country of Origin; or
- benefit from international protection in another EU Member State.
In these cases, the procedure in practice is conducted in less than 8 working days. The procedure is not applied to unaccompanied children in practice, although this is not forbidden by law.[2] In 2025, Track 2 has been suspended for applicants from Safe Countries of Origin as the whole list has been suspended. This will be explained in the section on Safe Country of Origin.
Vulnerable people are not exempted from their asylum request being processed in Track 2. In addition, the medical examination is not mandatory in Track 2. However, in a judgment of 6 September 2023, the Council of State ruled that the Minister always needs to look out for signs that an asylum applicant is vulnerable. However, this does not mean that the asylum request should be handled in Track 4.[3]
In both 2023 and 2024 only 3% of the applications were processed under Track 2.[4] In 2024, these cases were on average processed within 14 weeks.[5]
Detailed interview
The same rules and obstacles as in the Regular Procedure: Detailed Interview are applicable.
Appeal
Applications falling under the accelerated procedure may be rejected either as inadmissible or manifestly unfounded. Therefore, an appeal before the Regional Court must be lodged within one week and has no automatic suspensive effect.
Legal assistance
Contrary to the regular procedure, asylum applicants channelled under the accelerated procedure (‘Track 2’) are not appointed a lawyer from the outset of the procedure. The lawyer is appointed when the IND issues the intended decision to reject (voornemen). As a result, there is not much time for the lawyer to get to know the applicant’s case.
[1] The term ‘simplified procedure’ is used by the IND in the relevant information leaflet, available at: http://bit.ly/2w3lOiW.
[2] IND Work Instruction 2024/8 Spoor 2, 28 August 2024, available in Dutch at: https://bit.ly/42dDXga.
[3] Council of State, Decision No 202201535, ECLI:NL:RVS:2023:3365, 6 September 2023, available in Dutch at: https://bit.ly/48b7oyz.
[4] Ministry of Justice and Security, De Staat van Migratie 2025, 78, available in Dutch at: https://bit.ly/3KewDub.
[5] Ministry of Justice and Security, De Staat van Migratie 2025, 84, available in Dutch at: https://bit.ly/3KewDub.