Accelerated procedure

Netherlands

Country Report: Accelerated procedure Last updated: 30/11/20

Author

Dutch Council for Refugees Visit Website

 

 

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 regulated by law.

From 1 January to 1 October 2019, 1,800 applications were processed under Track 2.[2] 

 

Personal interview

 

The same rules and obstacles as in the Regular Procedure: Personal 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 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 his or her case well in advance. However, the appointment of a lawyer only when the IND issues an intention to reject the application will apply to the regular procedure as of 2021 (see Legal assistance).



[1The term “simplified procedure” is used by the IND in the relevant information leaflet, available at: http://bit.ly/2w3lOiW.

[2]Antwoord op vragen begroting Kamerstuk 35300 VI (Parliamentary questions), nr. 23, available in Dutch at https://bit.ly/3843usH.

 

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation