Last updated:
Introduction
The Netherlands is one of the most organized countries in Europe, with a strictly regulated asylum process and high standards of conditions for refugees.
Today, I will explain in detail the asylum process in the Netherlands and all the key steps:
1. Submitting an application.
2. Review by the IND.
3. Appeal in court.
4. Appeal to the Council of State.
5. Submitting a new application.
This material will help you understand what to expect at each stage of the process and how to properly prepare your case.
1. Applying for asylum
The process of applying for asylum in the Netherlands begins with submitting an application to the Immigration and Naturalisation Service (IND).
At the border or at the airport
• If you declare your intention to apply for asylum upon entering the Netherlands (at the airport, at the border), your process will begin with registration at the IND.
• You may be sent to a special temporary accommodation center.
Inland
• If you are already in the Netherlands, the application is submitted at one of the refugee reception centres.
• After registration, you are provided with accommodation in one of the temporary accommodation centers (AZC).
Submission stages:
1. Registration of the application in the IND.
2. Submitting a form for consideration of the case.
3. Submission of biometric data.
Submission deadlines:
• The application must be submitted as soon as possible after arrival in the country.
What documents are required?
• Passport or identification documents.
• A detailed description of the reasons why return to the country of origin is not possible.
• Evidence of threats (threatening letters, subpoenas, medical certificates, expert reports).
2. Processing your application at the IND
Once registered, your application is transferred to the IND for assessment and interview.
What happens at the IND?
1. You will have an initial interview to record your personal details and the grounds for your application.2. The main interview takes place later, where the applicant explains the reasons for seeking asylum.
What is important to know about the interview?
• You will be provided with an interpreter at the interview, if necessary.• You can provide additional evidence, including an expert report.
Outcome of the assessment:
• If the IND decides positively, you will be granted refugee status or subsidiary protection.• If your application is rejected, you can appeal to a court.
3. Appeal in court
If your application is rejected, you can appeal the decision to the administrative court.
The appeal process:
1. The appeal must be lodged within 4 weeks of the refusal.2. At the court, you can present additional evidence, including an expert report.
What happens at the hearing?
• The judge considers the facts of the case and the assessment of the IND.• The applicant and their lawyer present their arguments.• The judge decides whether to overturn the refusal or confirm it.
Appeal to the Council of the State (Raad van State)
If the administrative court rejects the appeal, you can appeal to the Council of the State, the highest court in the Netherlands.
When is this possible?
An appeal is only lodged in case of legal errors or procedural irregularities.The appeal process:• The appeal must be lodged within 4 weeks of the court's decision.• The Council of the State considers the legal aspects of the case and may remit it for reconsideration.
Russia and CIS Expert: Assistance in preparing expert witness reports for asylum applicants from Russia, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan
My name is Maxim Kharitonov, and I am an expert on human rights , political repression, and social abuses in the CIS countries. My work focuses on providing objective and professional expert witness reports for asylum seekers in countries such as the United States, United Kingdom, Canada, and the European Union. I specialize in analyzing and presenting evidence supporting the risks of persecution in the former Soviet Union.
My achievements:
- Over 100 successfully prepared expert witness reports for asylum applicants from CIS countries, including Russia, Belarus, Tajikistan, Ukraine, Armenia, Azerbaijan, Kazakhstan, Georgia, Kyrgyzstan, Moldova, Turkmenistan, and Uzbekistan – at the appeals and initial application stages.
- Collaboration with leading US and UK law firms, including the preparation of reports that have become key evidence in successful asylum cases.
- Winner of the Expert Witness Awards 2024 in the category "Best Expert on Immigration Issues".
- My in-depth knowledge of the legal and political situation in the CIS countries allows me to objectively assess the risks of political persecution, human rights violations, and other factors affecting the safety of applicants.
- Recognition as a respected expert in the field of human rights and political repression, including inclusion in the Experts for Immigration and Justice (EIN) database: https://www.ein.org.uk/experts/kharitonov
Having gone through the asylum process myself, I understand how important it is to present the court with a complete and accurate picture of what happened.
If you are looking for a professional expert on political asylum issues from the CIS countries, my services will help you prepare a strong and compelling case for your clients.
How I prepare an expert report:
- Analysis of the General Situation: I examine the political, religious and social conditions in the applicant's country of origin, including repression, persecution, human rights violations and other threats.
- Analysis of the applicant's circumstances: I study the statement, interview, provided documents and the decision of the court or immigration authority.
- Research: I use international and local sources, such as Amnesty International, Human Rights Watch, the UN , and local media. I support every fact with references using the OSCOLA methodology.
- Compliance with standards:
- My reports are strictly regulated and comply with the guidelines set out in the Upper Tribunal's Practice Direction on Expert Evidence.
- Having accepted responsibility for the analysis and preparation of the report, I confirm the accuracy of all facts presented and the correctness of the opinions expressed.
Declaration of Truthfulness:
At the end of each report, I sign a declaration confirming that all information presented is based on reliable sources and that the opinions expressed are my own.
Liability to Court:
- My professional remuneration is not dependent on the outcome of the case, which guarantees objectivity and the fulfillment of my duty to the court.
- In some cases, I may be called to court to provide evidence regarding circumstances in the appellant's country of origin.
— Maxim Kharitonov
How to contact me
: Email: info@thehuman-rights.com
Application on the website:
thehuman-rights.com
Working hours:
- I respond to requests within 1 hour.
- I prepare reports within 1 week, including complex and extensive cases.
5. Follow-up Application
If all previous steps have been unsuccessful, you can submit a new application based on new circumstances.
What is needed for a new application?
• New evidence proving the changed situation in the country.• An expert report justifying the urgency of the threats.
Conclusion
The asylum process in the Netherlands is complex, but with the right preparation and support, you have every chance of success.The expert report is a key tool to help you explain your story and justify the risks.
Contact me:
• Email: info@thehuman-rights.com
• Web: thehuman-rights.com
Need an expert witness report for your case?
Our country experts provide independent reports for asylum and immigration cases in the UK, US, Canada, and EU.
Order an expert witness report |
Find a country expert witness |
About our expert team
