Legal assistance for review of detention

Netherlands

Country Report: Legal assistance for review of detention Last updated: 18/03/21

Author

Dutch Council for Refugees Visit Website

Asylum seekers are provided legal aid in detention and it is paid for by the State.[1] Individuals who claim asylum upon their arrival at the border and who are subsequently detained, will be assigned a lawyer / legal aid worker specialised in asylum law. Because of the existence of these state funded lawyers, NGOs in general do not intervene in such cases before the Regional Court.

 

A report published in 2018 was critical about the quality of the legal assistance in such cases. The researchers found that lawyers have poor knowledge of the applicable law to immigration detention.[2]

 

[1]Article 100 Aliens Act.

[2]Van der Spek, Flikweert & Terlouw, Detentie van asielzoekers. Een onderzoek naar de toepassing van artikel 59b Vw, Oisterwijk: Wolf Legal Publishers, 2018. The report is also critical about the authorities and the judges.

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