The Hague District Court: extension time limit for decisions in asylum cases unlawful

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As a part of the "asylum deal" the State Secretary of Justice decided to extend the time limit for deciding on asylum applications from six to fifteen months. The State Secretary deemed this possible because of the large number of asylum applications. This was effectuated in a decision to amend the Aliens Circular (in Dutch: Wijzigingsbesluit Vreemdelingencirculaire), WBV 2022/22. As a result of this measure, asylumseekers have to wait much longer for a decision in their asylum procedures, in reception conditions (often emergency facilities) that are substandard. 

In a verdict rendered on 6 January 2023, the district court of The Hague (court seat in Amsterdam) held that the extension of the decision period in asylum cases was unlawful. The legal conditions for extension of the decision period have not been met. The verdict has been published on the website of the Dutch judiciary, as ECLI:NL:RBDHA:2023:136 (available only in Dutch).

The case was handled by lawyer Marq Wijngaarden. On 1 February 2023, the State Secretary announced that it would be filing for an appeal. 

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Prakken d'Oliveira, formerly known as Böhler, is a law firm with expertise and experience in asylum and immigration law, European law, administrative law, international criminal law and human rights. Our lawyers provide advice and conduct procedures before the Dutch Immigration and Naturalization Service (IND), the Dutch Review Committee on the Intelligence and Security Services (CTIVD), the District- and Appeals courts, the Administrative Law Division of the Dutch Council of State, the Supreme Court of the Netherlands, the European Court of Human Rights (ECHR), the Court of Justice of the European Union (ECJ), the Human Rights Treaty Bodies of the United Nations (UN), the International Criminal Court (ICC), and other international tribunals.