A rejection by the Immigration and Naturalization Service (IND) can be devastating. Whether it's a residence permit, asylum application, or naturalization request, it doesn't always mean the end of your case. Fortunately, there are legal options for filing an objection or appeal.
1. Why does the IND reject a request?
The IND can reject your application for various reasons, such as:
- Insufficient evidence : You have not provided enough documents to demonstrate that you are entitled to a residence permit.
- Failure to meet conditions : For example, insufficient income for family reunification or no valid grounds for asylum.
- Incorrectly submitted application : An error in the application process may lead to rejection.
- Risks to public order or national security : The IND can reject an application if someone poses a danger.
2. What can you do in case of a rejection?
A. Filing an objection
If you disagree with the decision, you can file an objection within four weeks . This must be done in writing and with reasons.
- In the objection you explain why the IND made a mistake.
- Add evidence that supports your case.
- The IND will reconsider the application and make a new decision.
💡 Tip : A lawyer or legal advisor can help you craft a strong objection.
B. Filing an appeal with the court
If the IND rejects your objection, you can appeal to the court within 4 weeks .
- You ask a judge to review the decision.
- This is particularly useful if the IND has made errors in assessing your application.
- The judge can order the IND to reconsider your application.
C. Appeal to the Council of State
If the court rejects your appeal, you can still appeal to the Council of State. This is the highest administrative court and will issue a final ruling on your case.
3. Can you stay in the Netherlands during an objection or appeal?
- In some procedures, you may await the decision in the Netherlands , such as family reunification.
- In the case of asylum procedures or certain residence permits, you sometimes have to leave the Netherlands until a new decision has been made.
💡 Check carefully whether you are entitled to residency during the appeal procedure. A lawyer can advise you on this.
4. Additional options: Repeated application or penalty
- Repeated application : If you have new proof, you can submit a new application.
- Claiming a penalty : If the IND decides too late on your application, you can claim a penalty.
Conclusion
A rejection from the IND doesn't mean the end of the case. You can object, appeal, or submit a new application with stronger evidence. It's important to act quickly and seek legal advice to improve your chances.
