Extension of decision period no longer applies to some asylum applications

The European Court of Justice recently concluded  (link only available in Dutch) in an answer to questions from the Council of State (RvS) that the decision period may only be extended if there is a sudden significant increase in the number of asylum applications over a short period of time. This has not been the case in the Netherlands since 2024. The RvS is also expected to give its judgment on the issue in the near future. 

Reason for extension

In 2023, the then government again extended the decision period from 6 to 15 months because the number of asylum applications was continuing to increase to an extent that the Immigration and Naturalisation Service (IND) was unable to cope . Many asylum seekers had to wait much longer for a decision than the legal deadline of 6 months and the amount in penalties which the IND had to pay rose sharply as a result.

Dwangsomprocedures leiden niet tot snellere besluiten

Rhodia Maas, Director-General of the IND, expects the revocation of the extension to lead to more penalty proceedings. “This is unfortunate because periodic penalty payments do not make the IND take decisions any faster. We certainly want to take decisions on time, but we’re simply unable to do so. Periodic penalty payments are actually counterproductive because it takes time to deal with notices of default and appeals relating to late decisions and we would be better off using that time to process asylum applications. The periodic penalty payment system is simply failing to achieve the intended objective. I therefore fully support the initiative presented in the House of Representatives to end it.” 

The average waiting time for pending asylum applications is currently 17 months.