Legal assistance in asylum procedures

This blog focuses on an important topic, one that Van der Toorn Advocaten is highly involved with: legal assistance in asylum procedures. This is a complex subject, and it's crucial that asylum seekers receive proper support throughout their process. We'll try to explain in simple terms what asylum procedures entail and how we can help.

What is an asylum procedure?

An asylum procedure is a process in which someone seeks protection in another country because they are in danger in their own country due to war, persecution, or other problems. In the Netherlands, someone can apply for asylum through the Immigration and Naturalization Service (IND).

Why is legal assistance important?

Applying for asylum is often complicated and stressful. Asylum seekers must prove they need protection and meet strict requirements. A lawyer provides essential support by preparing the asylum seeker for their interviews with the Immigration and Naturalization Service (IND). These interviews cover the applicant's identity, their journey to the Netherlands, and their reasons for seeking asylum. In some cases, the lawyer may also be required to be present at these interviews. A lawyer also guides the asylum seeker throughout the asylum procedure by reviewing the interview reports with them and passing on any corrections and additions to the IND. If an application is subsequently rejected, the lawyer can file an appeal with the court on behalf of the asylum seeker, stating why the asylum seeker disagrees with the rejection. In most cases, the asylum seeker is allowed to await the outcome of the court proceedings in the Netherlands.

If it turns out that the asylum seeker has been in another European country, applied for asylum there, or held a visa for that country, the IND will not process the application, barring some exceptions. This is because, according to European agreements (the Dublin Regulation), the first country is (and remains) responsible for the substantive processing of the asylum application. This is the so-called Dublin procedure. Such a rejection can also be appealed.

What does the asylum procedure look like?

1. Registration and application: the asylum seeker registers in Ter Apel and is registered;

2. Registration interview: the asylum seeker will have an interview at the IND about his/her person, family and travel route;

3. Further interview: the asylum seeker will have an interview with the IND about his/her asylum motives;

4. Decision-making: the IND makes a decision based on the information obtained;

5. Statement of views and appeal: If the IND intends to reject the application, they will state this in a statement of intention and the asylum seeker can respond to this (with the help of their lawyer). If a negative decision is still made, an appeal can be lodged.

How can Van der Toorn Attorneys help?

At Van der Toorn Advocaten, we have years of experience with asylum procedures. We frequently visit various Application Centers and maintain close contact with the Dutch Council for Refugees, Nidos, and the Legal Aid Board. We guide asylum seekers through the entire process and strive to ensure that their rights are protected throughout the entire asylum procedure.

Conclusion

Asylum procedures are complex and can cause significant stress for asylum seekers. Good legal representation is crucial to ensure asylum seekers have a fair opportunity to present their reasons for seeking asylum. Do you have questions or need assistance with your asylum procedure? Feel free to contact Van der Toorn Advocaten.