Author
General (scope, grounds for accelerated procedures, time limits)
There is no accelerated procedure defined as such in the law. However, since 2016 a specific “simplified procedure”[1] (“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;
- 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. In addition, asylum requests from certain groups are handled in the Regular Procedure of Track 4 instead of Track 2. This is the case for groups exempted from the safe country of origin designation, such as LGBTQI+, journalists, women or human rights activists. Certain regions can also be excluded from the safe country of origin designation, such as Jammu and Kashmir in India.[2] However, asylum seekers need to prove that they belong to such exempted groups or regions in their registration interview. As such, it is possible that the IND does not believe that someone is a human rights activist, which means the asylum application is handled in Track 2 instead of Track 4.
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 State Secretary always needs to look out for signs that an asylum seeker is vulnerable. However, this does not mean that the asylum request should be handled in Track 4.[3]
In 2020, 1,504 applications were processed under Track 2.[4] In 2021, approximately 1,486 applications were processed under Track 2.[5] In 2022, approximately 1,482 applications were processed under Track 2.[6] This number has remained stable through previous years.
Detailed interview
Regular Procedure: Detailed Interview
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 seekers 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 issued the intention to reject. 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] Aliens Circular, paragraph C7/1.2.
[3] Council of State, Decision No 202201535, ECLI:NL:RVS:2023:3365, 6 September 2023, available in Dutch at: https://bit.ly/48b7oyz.
[4] Rijksoverheid, Staat van Migratie 2021.
[5] Rijksoverheid, Staat van Migratie 2022, available in Dutch at: https://bit.ly/3jXYyRe.
[6] Ministry of Justice and Security, Staat van Migratie 2023, 06 October 2023, available in Dutch at: https://bit.ly/3RUo0FO.