legal and social conditions for asylum seekers and refugees in ...

Appeal
Legal aid
The Advice Committee is an organisation operating independently from the IND. It is composed
of persons chosen among judges, lawyers and individuals with links to e.g. humanitarian
organisations, acting in a personal capacity. A UNHCR representative may take part in an
advisory capacity, but this rarely happens.
The asylum seeker can be assisted by a lawyer at the hearing of the Committee.
The opinion of the Advice Committee is then forwarded to the Secretary of State, who in principle,
is supposed to take his/her decision within three months from the date of the application for
review. This is rarely the case, however. In the great majority of cases, the Secretary of State
follows the recommendations of the Advice Committee.
Asylum seekers may also apply for a review if they have been refused Convention status but
granted one of the other types of protection.
If the IND considers that the requested review will not lead to a positive decision, suspensive
effect is denied. In such cases, the applicant can simultaneously request a “preliminary stay of
execution” from the President of the District Court in The Hague (suspension of removal
proceedings). The preliminary stay of execution will only be granted if the President of the Court
deems the review to be with reasonable chance of success. No appeal can be lodged against the
President's ruling on this issue.
If the Secretary of State dismisses the case, it can be further appealed to one of the five District
Courts established under the amended Aliens Act to deal exclusively with immigration cases. If
the Secretary of State has not made a decision within three months, the asylum seeker may
appeal to the District Courts against the delay.
The lodging of an appeal with the District Court does not automatically suspend the execution of
the Secretary of State's negative decision, the Secretary of State has discretion to grant or deny
suspensive effect depending on the prospects of success. However, if the suspension is denied,
the applicant may request a preliminary stay of execution from the President of the District Court.
No appeal can be lodged against the President's ruling on this issue.
Applicants are represented by their lawyer before the District Court, but they may attend the
hearing and are given the opportunity to intervene, if they so wish.
The District Courts can refer essential issues to the Court of Unity, which is a chamber of the
District Court in The Hague. The Court of Unity’s main task is to ensure the unity of jurisprudence
throughout the country. Cases involving a change in policy are almost always dealt with by the
Court of Unity.
Negative decisions by the District Courts or the Court of Unity are final and cannot be appealed.
In principle, applicants are entitled to receive free legal aid during all the stages of the procedure.
If an appointed lawyer denies assistance, arguing that the case lacks any chance of success; the
asylum seeker has the right to a second opinion, which in practice means that another lawyer will
be appointed.
All refugee lawyers must update their knowledge of asylum law by attending specific courses and
workshops on a regular basis. Those who do not respect this obligation are no longer entitled to
work under the state-funded legal aid system.
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The Netherlands