The Immigratie- en Naturalisatiedienst (IND) was required to pay no less than 79 million euros last year because it failed to issue timely decisions on applications submitted to the service. This amount represents more than a doubling compared to the previous year, when the service paid 36.8 million euros in penalty payments.
Earlier, NOS reported that, despite a lower influx of new asylum seekers, waiting times at the IND continue to increase. The average waiting time for a first interview in new asylum applications is now approximately 17 weeks. After that, many asylum seekers face a prolonged period of uncertainty: on average, they must wait 95 weeks for the second interview and further processing of their file. Waiting times for family reunification applications are also rising rapidly.
The IND is legally obliged to issue a decision on an application within a statutory time limit, which may vary depending on the specific procedure. If this deadline is exceeded, an asylum seeker may formally place the IND in default.
If a decision is still not issued, the applicant may bring the matter before the court. In many cases, the court will order the IND to issue a decision within a specific time frame. If the IND fails to comply with that court-imposed deadline, it will be required to pay a penalty.
In most cases, the penalty amounts to 100 euros per day, with a maximum of 7,500 euros per case. If the IND continues to fail to issue a decision, the court will often increase the penalty to 200 euros per day, with a maximum of 15,000 euros.
At migrantrecht.nl, we will initiate court proceedings free of charge to compel the IND to make a decision in your case. Unlike many law firms, we act swiftly. Contact us today to determine whether the IND has exceeded the legal time limit in your case and to discuss the steps we can take on your behalf.