IND is breaking the law by delaying processing of Syrian asylum applications
image: Lars Dunker via Unsplash
The Dutch Immigration and Naturalisation Service (IND) is breaking the law by making Syrian asylum seekers wait too long for a decision, says Mark Klaassen, Assistant Professor of Migration Law, in response to revelations by ‘Trouw’ newspaper.
As a result of the stop on decisions (besluitmoratorium) and departures (vertrekmoratorium), the IND is temporarily not taking decisions on Syrian asylum applications as the circumstances in that country would be too uncertain due to the takeover of power. But according to the EU Asylum Procedures Directive and the Aliens Act, a decision must still be taken after 21 months.
An investigation conducted by Trouw newspaper shows that even after 21 months, decisions have often still not been taken on Syrian asylum applications. ‘This long-term uncertainty has a major impact on people. They don't know where they stand and can't build a future', says a spokesperson for the Dutch Council for Refugees.
Klaassen argues that the IND is breaching European and national legislation. Asylum seekers are entitled to a timely decision. If the government structurally exceeds that period, it is going against the law. 'From a legal point of view, the circumstances don’t matter. If you don't decide on an asylum case within 21 months, you're breaking the law.' This, therefore, also applies in the case of temporarily stopping decisions and departures.
More information?
Read the full article in Trouw (in Dutch)