Areas of law

Asylum Law

If you are seeking protection due to war, persecution, or inhumane treatment, you may be entitled to asylum in the Netherlands. Tigris Law Firm offers expert guidance through the complex asylum procedure, from application to legal assistance and appeal procedures. With our extensive experience and knowledge, we ensure that your case is handled professionally and thoroughly, so that you receive the best possible support with your asylum application.

When are you entitled to an asylum permit?

An asylum application is made when a person feels unsafe in his or her home country and seeks protection in another country. This may be the case, for example, in the event of war, persecution because of political beliefs, religion, ethnicity, nationality, or membership of a particular social group, such as LGBTI+ people.

A person is entitled to an asylum permit in the Netherlands if he or she meets one of the following conditions:

  1. Refugee according to the UN Refugee Convention: The person has a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion, or membership of a particular social group in the country of origin.
  2. Real risk of serious harm: The person faces a real risk of the death penalty, torture, or other inhuman or degrading treatment in the country of origin.
  3. War or violence: The person comes from an area where war or violence poses an indiscriminate threat to the life or safety of civilians.
  4. Family reunification: The person has a family member who already has asylum status in the Netherlands and meets the conditions for family reunification.

How does the asylum procedure work?

The asylum procedure in the Netherlands takes place in several steps, depending on the situation of the asylum seeker. Here is a brief overview of how the procedure usually goes:

1. Registration and Preparation

The asylum seeker registers at one of the registration centres, for example at Ter Apel. There, the asylum seeker is given a rest and preparation period of a few days. During this period, he or she can relax and receive the necessary information about the asylum procedure. During the asylum procedure, the asylum seeker stays in reception locations managed by the Central Agency for the Reception of Asylum Seekers (COA). During the preparation, the police will conduct an interview to establish the identity of the asylum seeker.
2. Registration hearing and further hearing
The procedure usually starts with a registration interview, in which the identity and origin of the asylum seeker are established. This is followed by a further interview in which the asylum seeker explains the reasons for his or her asylum application. These reasons, also called asylum motives, contain information about why the situation in the country of origin is unsafe and what risks one runs upon return. Together with a lawyer, the asylum seeker can prepare and correct the registration interview and the further interview. During these corrections, the asylum seeker can respond to the interview, clarify statements, correct translation errors, and correct misinterpretations.
3. Decision by the IND
If the IND is of the opinion that the asylum application should be rejected, it will send a notice of intent to the asylum seeker. This document states why the IND believes that the asylum seeker’s statements will not lead to the granting of a residence permit. This may be because the problems in the country of origin are not credible, not serious enough, or because the asylum seeker can settle safely in another part of the country. If the asylum seeker does not agree with the notice, he or she has the opportunity to submit a statement of views with the lawyer. In this statement, the asylum seeker explains why he or she does not agree with the notice. After submitting the statement of views, a final decision on the application for international protection will follow. If the asylum seeker does not agree with this decision, an appeal can be lodged with the court.
4. Extended Asylum Procedure (if necessary)
If the IND needs more time to assess the application, the application can be placed in the Extended Asylum Procedure (VA). In this phase, the decision period can be extended to a maximum of 21 months.