Asylum procedures in the Netherlands

The AMMR procedure applies to you in the following situations:

• You have family members who are allowed to live in the other country or have applied for asylum.
• You applied for asylum for the first time in another country.
• You first came to Europe illegally, via a different country.
• The other country gave you a Schengen visa. 
• You studied in the other country and obtained a degree there.
   

Sometimes you will have an interview with the IND. You will then receive a letter inviting you for a personal interview. During this interview, the following will take place:

• An IND employee will ask you questions to determine which country is responsible for your asylum application.
• You can provide additional information if anything is unclear.
• You can explain your opinion about the possibility of another country deciding on your asylum application.
• You can explain why you believe the Netherlands should process your asylum application. But, you cannot explain the reasons why you are applying for asylum.
   

The IND may also decide that an interview is not necessary. For example, because all the necessary information is already known. The IND will inform you and your lawyer about this. Do you still wish to share your opinion regarding the possibility of another country deciding on your asylum application? If so, write us a letter. 

Interpreter

An independent and impartial interpreter translates the interview into a language you understand. Independent and impartial means that the interpreter has no influence on your asylum application.

Preparing for your interview with a lawyer

The Legal Aid Board (in Dutch: Raad voor de Rechtsbijstand or RvR) arranges a lawyer for you. This is usually free of charge. This happens immediately after it is clear that your application goes through  the AMMR procedure. When you attend the appointment, the lawyer will assist you during the procedure.

Children

Did you arrive in the Netherlands with children under the age of 18? They can share their opinion in a letter or during your interview, if you have one.
Did you arrive in the Netherlands without parents or a guardian? Then you will have your own interview with the IND if you feel well enough.

Summary and recording of the interview

At the end of the interview, the IND employee reads you a summary of the interview. You can then immediately report any mistakes and/or additions.
The IND also makes an audio recording of the interview. Your lawyer can listen back to this recording. 

Is the other country responsible according to the IND? If so, we ask this country to process your asylum application. If the other country confirms that they will process your asylum application, you will receive a transfer decision from the IND within 2 weeks. When exactly you will receive this decision depends on the response from that country.

You will receive your decision in a letter. There are 2 possibilities:

• Another country is responsible for your asylum application. The Netherlands will not assess your asylum application. You will be transferred to the other country within 6 months. You can appeal this decision to a Dutch court with the help of your lawyer.
• The Netherlands is responsible for your asylum application. You will follow a different asylum procedure.

The admissibility procedure applies to you, for example, in the following situations:

• You already have international protection in another EU/EEA country or another country outside Europe.
• You have previously resided in another safe country. You can return there.
   

Are you scheduled for an interview with the IND? You will receive a letter inviting you to a personal interview. During this interview, the following happens:

• An IND employee will ask you questions to determine if we need to process the content of your asylum application.
• You can provide additional information if anything is unclear.
• If the IND decides must process the content of your asylum application, you can explain why you are applying for asylum.

The IND may also decide that an interview is not necessary. The IND will inform you and your lawyer about this. This can happen, for example, in the following situations:

• You already have international protection in another country.
• You are a citizen of an EU/EEA country.

Interpreter

An independent and impartial interpreter translates the interview into a language you understand. Independent and impartial means that the interpreter has no influence on your asylum application.

Preparing for your interview with a lawyer

The Legal Aid Board (in Dutch: Raad voor de Rechtsbijstand or RvR) will arrange a lawyer for you. This is usually free of charge. You will have an introductory meeting with a lawyer shortly before your interview with the IND. The lawyer will help you during the asylum procedure. If you do not receive an interview, you will be assigned a lawyer immediately at the start of your procedure. You will have a meeting as soon as possible.

Report and recording of the interview

The IND prepares a written report of the interview. You and your lawyer will receive this report as soon as possible. Your lawyer checks with you if the interview report is correct and reports mistakes and additions to the IND.

The IND also makes an audio recording of the interview. Your lawyer can listen back to this recording.
 

The IND usually decides within 2 months.
We can also extend this by another 2 months if the decision takes more time.
 

There are 2 possibilities:

• The IND does not review the content of your application. Your application is inadmissible. You will receive this decision in a letter.
• The IND must still consider the content of your application. Your application is admissible. You will follow the standard asylum procedure or the accelerated asylum procedure.
   

The accelerated procedure applies to you, for example, in the following situations:

• Your story has nothing to do with asylum protection.
• Your statements are clearly false, improbable, or incorrect. As a result, all statements are no longer convincing.
• You have deliberately provided false information or documents. Or you have deliberately withheld important information or documents from us. This information or these documents could have had a negative impact on your decision.
• You have only applied for asylum to prevent or delay removal.
• You come from a safe country. Or you come from a country where few people are granted asylum. Few means 20 percent or less of asylum applications.
• You pose a threat to public order or national security. 
• You did not apply for asylum as soon as possible.

You will receive a letter inviting you to a personal interview. During this interview, the following will take place:

• You can explain why you are applying for asylum.
• An IND employee will ask you questions to determine if you are entitled to asylum.
• You can provide additional information if anything is unclear.

Interpreter

An independent and impartial interpreter will translate the interview into a language you understand. Independent and impartial means the interpreter has no influence on your asylum application. 

Preparing your interview with a lawyer

The Legal Aid Board (in Dutch: Raad voor de Rechtsbijstand or RvR) will arrange a lawyer for you. This is usually free of charge. You will have an introductory meeting with a lawyer shortly before your interview with the IND. The lawyer will help you during the asylum procedure.

Children

Did you arrive in the Netherlands with children under the age of 18? Your children can also share their own story. You or your children indicate to the IND how you wish to do this. This can be done during a personal interview or in a letter.
Did you arrive in the Netherlands without parents or a guardian? You will have a personal interview with the IND if you feel well enough for this.

Report and recording of the interview

The IND prepares a written report of the interview. You and your lawyer will receive this report as soon as possible. Your lawyer checks with you if the interview report is correct and reports mistakes and additions to the IND.

The IND also makes an audio recording of the interview. Your lawyer can listen back to this recording.

The IND must decide within 3 months.

You will receive the decision in a letter. The decision is positive or negative.

• Positive decision: You will get an asylum residence permit. Your decision states the reason (status) for which you get a residence permit:
  • Refugee
  • Person with subsidiary protection
  • Family member

Your status determines the requirements you have to meet for asylum family reunification.

• Negative decision: You will not get an asylum residence permit. You may receive a return decision and an entry ban. With help of your lawyer, you can appeal against this decision to a Dutch court.

The border procedure is mandatory in the following situations:

• You come from a country where few people are granted asylum. Few means 20 percent or less of asylum applications.
• You are a danger to public order or national security.
• You have deliberately misled the IND by providing false information or documents.

During the border procedure, you will sleep in a closed reception facility near Schiphol Airport. Is sleeping in a closed reception facility too much to handle in your situation? Then the border procedure does not apply to you.
 

You will receive a letter inviting you to a personal interview. During this interview, the following happens:

• You can explain why you are applying for asylum.
• An IND employee will ask questions to determine if you are entitled to asylum.
• You can give extra information if something is not clear.
• After the interview, the IND may decide that you will not remain in the closed reception facility.

Interpreter

An independent and impartial interpreter will translate the interview into a language you understand. Independent and impartial means the interpreter has no influence on your asylum application. 

Preparing for your interview with a lawyer

The Legal Aid Board (in Dutch: Raad voor de Rechtsbijstand or RvR) will arrange a lawyer for you. This is usually free of charge. You will be assigned a lawyer from the start of the procedure. The lawyer will help you during the border procedure.

Report and recording of the interview

The IND prepares a written report of the interview. You and your lawyer will receive this report as soon as possible. Your lawyer checks with you if the interview report is correct and reports any mistakes and/or additions to the IND.

The IND also makes an audio recording of the interview. Your lawyer can listen back to this recording. Are you appealing against a negative decision? Then the judge will also receive this recording.

The IND must decide within 5 weeks.

You will receive the decision in a letter. There are 2 possibilities: 

• Positive decision: You will get an asylum residence permit. You may leave the closed reception location. Your decision states the reason (status) for which you get a residence permit:
  • Refugee
  • Person with subsidiary protection
  • Family member

Your status determines the requirements you have to meet for asylum family reunification.

• Negative decision: You will not get an asylum residence permit. You may receive a return decision and an entry ban. With help of your lawyer, you can appeal against this decision to a Dutch court.

Is further investigation required? Then you proceed to the (accelerated) asylum procedure. You will receive a letter with more information about that procedure. You no longer need to remain in the closed reception location.