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The Immigration and Naturalisation Service (IND) of the Netherlands paid a total of 2.4 million euros in penalty payments through the Temporary IND Suspension Penalties act, last year, the recent report provided by the same source shows.
IND has clarified that a penalty payment last year, which is an amount that the IND is obliged to pay for a decision that is taken outside the statutory period on an application for a residence in Holand, is significantly lower compared to 2021 figures, SchengenVisaInfo.com reports.
“The main reasons for this are developments surrounding the ‘Temporary law on the suspension of penalty payments by the IND’ and the extension of the decision period on asylum applications,” the statement provided by the same source reveals.
It notes that financial accountability is also included in the annual report; however, it has been brought forward in response to local media.
“If the decision period is exceeded, an applicant can submit a notice of default to the IND. The IND then has two weeks to decide. If this is not possible, an administrative fine had to be paid in the past. In addition, the applicant may not submit an appeal to the court for a timely decision. Who can then impose a judicial penalty,” the statement notes.
Authorities in the Netherlands introduced the Temporary IND Suspension Penalties Act back in 2020. At the same time, on November 30 last year, the Council of State ruled on the law’s validity.
According to the IND, the judicial penalty may not be abandoned by the court after it can induce the IND to take a decision in time.
It has been reported that since September 2022, the IND has had a total of 15 months in order to decide on asylum applications, instead of 6 months, thus revealing the extension of the decision period.
Last year, the court ruled over 6,100 times on appeals not decided in time, while one third of these were declared justified. However, it was emphasised that in the majority of the underlying soil cases, the Immigration and Naturalisation Service decided before a penalty had to be paid.
Still, the IND has emphasised that it is not in favour of penalty payments after it does not make a contribution to faster decision-making. The same noted that the employees are very motivated to clarify the uncertain situation of those who look to seek asylum in this country as soon as possible.
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