The IND and penalty payments

The IND wants to treat an application for asylum with care while trying to catch up with the backlog in the processing of applications for asylum. In the meantime, those applicants in whose case the statutory decision period has passed are entitled to financial compensation.

Decision period
As required by law, the IND must take its decision within a certain period concerning an application or appeal. After submitting an application, the person in question will receive a confirmation of receipt from the IND in which the decision period is also stated. The decision period for an application for asylum normally is six months. However, in some cases, the decision period may be extended. In cases where the IND needs more information to come to a decision, for instance. The extension period is added to the statutory period for making a decision. The IND is too late with the decision when the statutory period for making a decision plus an eventual extension has passed.

When will there be a penalty payment?
As a result of the increase in the lead times of the general and extended asylum procedure ('track 4'), an ever-greater number of asylum matters is decided beyond the statutory period. As soon as the statutory period for making a decision of six months has passed, the applicant may submit a notice of default. If the IND fails to decide on the application within two weeks following the submission of a notice of default, the applicant may then appeal to the court on the grounds of failure to give a timely decision. Owing to this, the IND has to deal with an increasing number of default notices and appeals on the grounds of failure to give a timely decision, an option available pursuant to the Penalty Payments (Failure to Give Timely Decisions) Act that also applies to the IND as of October 2012.

Lead times
Staff shortage at the IND has resulted in a considerable increase in lead times,  the main cause being an early outflow of personnel in 2017. As a result, longer waiting times for decisions on applications for asylum. The IND aims at clearing the backlog by the end of 2012 through additional financial support and the recruitment and training of additional staff. It will be inevitable, however, that the IND will have to pay penalties because of non-timely decisions.

Notice of default and appeal on the grounds of failure to give a timely decision
If the IND fails to take a decision within the statutory period, the applicant may declare the IND in default. The IND then still has two weeks to decide on the application after receiving written notice of default. Failing to do so, a penalty scheme will be automatically started (with a maximum of € 1.442). After this two weeks period, there is also the possibility for an appeal to the court on the grounds of failure to give a timely decision. There is no statutory maximum for penalty payments imposed by the court. An amount of  € 100 per day is assumed. On the basis of historical rulings, the IND assumes € 15.000 per case.

Where it concerns families, the penalty usually is paid in one instalment as it is a matter of  related applications.