New asylum procedure provides applicants with clarity more quickly

New asylum procedure

With the introduction of the pact, European countries are together taking an important step towards improving asylum and migration policy and gaining greater control over migration. At the same time, the pact gives the IND the opportunity to review the asylum procedure and make far-reaching changes so that procedures become faster and more flexible. This is possible because non-mandatory national procedural steps, such as the intended decisions procedure will be abolished. As a result, there will be fewer periods of waiting within the process.  

Two-status system

The pact also introduces the two-status system, a measure that had previously been adopted through a separate legislation process. Under this system, the grounds for protection are divided into two separate statuses: refugee status (A status) and subsidiary protection (B status). Refugee status means that an applicant has been granted asylum on one of the grounds set out in the Refugee Convention, for example because of race, religion or political beliefs. Subsidiary protection means that the applicant has fled for other reasons, such as war. This status will affect the possibilities for family reunification, as additional requirements now apply to family reunification for family members of B status holders.

Gradual implementation

Implementing the new rules requires big changes to the asylum procedure. With the current procedure, the Netherlands would not be able to meet the deadlines laid down in the pact. At the same time, the necessary changes also require significant capacity. Because of that, The IND will introduce the required adjustments gradually over the coming months, including further development of IT systems. From 12 June onwards, the IND will be up to speed with the new guidelines, although it may take several months before the new asylum procedure is fully up and running smoothly. 

Officially ending periodic penalty payments 

Last week, the House of Representatives debated a separate bill to officially end the periodic penalties. Rhodia Maas said: “This could be a fitting conclusion to the proposed reforms to the asylum procedure. We have been advocating for this for some time, and this too is now a step closer to becoming reality. By officially ending periodic penalties, more money and capacity will become available for what really matters: processing applications.”