IND late with decision

Last update: 2 May 2024

The law requires the IND to decide on your application or objection within a certain period. We call this the decision period. The IND is late with a decision if this decision period has passed. Find out what you can do in that case. 

Decision period

The decision period is different for each application. The confirmation of receipt you got from the IND says when the IND will take a decision.

Extension of decision period

We sometimes extend the decision period. This means that it will take longer before you receive a decision from the IND. This happens, for example, if the IND needs more information from you. Or when the IND needs to carry out more investigation by itself. You will receive a notice from the IND if we extend the decision period. We add the extension period to the statutory decision period.

Decision period passed

Has the decision period of your application or objection passed? And have you still not received a decision from the IND? Then you can put us in default (in Dutch: ingebrekestelling). 

Putting IND in default

This means that you ask the IND to still take a decision within 2 weeks. Do you want to put the IND in default? Then use the default form

(only available in Dutch).

Postal address

You can submit a notice of default by post or fax only. Send the notice of default and authorisation, if any, to:

Immigratie- en Naturalisatiedienst
Postbus 14
Fax: 088 04 32951

Aministrative incremental penalty payment

After receiving your notice of default, the IND has 2 weeks’ time to still take a decision. Has the IND not done so? Then the IND must pay an administrative incremental penalty and you can appeal to the court. An administrative incremental penalty is a fine that the IND must pay you. The IND does not have to pay an incremental penalty when it comes to asylum applications.

This administrative incremental penalty payment starts automatically. You do not have to apply for it separately. This is how the penalty payment is structured:

  • the first 14 days €23 per day;
  • the second 14 days €35 per day;
  • the third 14 days €45 per day.

The sum that the IND must pay you is €1,442 at most.

Appeal to court

Has the IND still not decided on your application or objection within 2 weeks of receiving the notice of default? Then you can appeal to court directly. The court will set the final decision period for the IND to decide. Has the IND not decided within this period set by the judge? Then the IND will also get a periodic penalty from the court (judicial  penalty).