European Pact on Migration and Asylum launched

The Migration Pact is a European obligation which the Netherlands is implementing through the Asylum and Migration Pact Implementation Act (in Dutch: implementatiewet Asiel- en migratiepact). The IND is also using this opportunity to reform the asylum procedure, which has become increasingly complex over the years. The new asylum procedure (only available in Dutch) will help the IND give applicants clarity more quickly.

Shorter procedure

As of today the application interview, the rest and preparation period, the medical examination and the intention procedure are no longer standard elements of the asylum procedure. These steps are not mandatory under European legislation and regulations and do not always have any added value. Besides, they are usually not required for careful decision-making. In instances in which the IND has any doubts, a tailored approach will be offered. The procedure needs to be changed, not only in the interests of applicants but also because of the shorter statutory deadlines by which the IND must process an application. The deadline for the accelerated procedure is three months.

New tasks

The new procedure assigns a number of new tasks to the IND, which are a consequence of the Screening Regulation. During the Reception and Preparation for Asylum Applications phase, the IND will, for example, verify the applicant’s identity, carry out initial security checks, conduct a medical assessment and identify any signs of vulnerability. Another difference is that applicants have to enter their own details via an online portal, with assistance being provided by an IND employee where necessary. 

Once the asylum application has been submitted, the applicant will receive legal counselling from the IND. The idea is to explain to people how the asylum procedure works, what rights and obligations they have, and what steps they are expected to take. Because of that, the information is general and procedural in nature. Soon after that, applicants will receive an invitation to attend an interview and will be assigned a solicitor shortly before the interview takes place.

Changed policy

Changes have not only been made to the procedure, but also to a number of rules. For example, the permanent residence permit has been abolished, and the duration of the temporary residence permit has been reduced from five to three years. A two-status system is also in place and the requirements for family reunification have been tightened.

Simplification needed

For a number of years now, the IND has been operating at the limits of what it, as an organisation, can cope with. It was essential to simplify the procedure to give applicants clarity more quickly. It is also important to meet the new, shorter deadlines set out in the migration pact. That was crucial to make the migration pact in Europe a success.

Stable and predictable policy

In its State of Performance published earlier this week, the IND called on politicians to give space for implementation and stable and predictable policy at a time of major changes. This new asylum procedure is one such change and it is coming into effect on 12 June. The IND will be gradually implementing further changes over the coming months.