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Second or following asylum application

NetherlandsHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

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What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

Asylum: a repeat (second or following) asylum application (herhaalde asielaanvraag) in the Netherlands, for example because the situation in the country of origin or the personal situation has changed; if granted, the outcome is an asylum residence permit.

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Which population, circumstances or geographic group does the mechanism cover?

People in the Netherlands who applied for asylum there before, where the IND rejected that application or withdrew their asylum residence permit, and who have new elements that clearly increase the likelihood of a permit and could not be presented before (e.g. changed personal situation or situation in the country of origin, a policy change or a court judgment).

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Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

The person completes application form model M35-O in Dutch and hands it in, with documents, in person at the HASA desk of the application centre in Ter Apel (reporting Monday to Friday 08.00 to 15.00); in listed situations (e.g. previous application not considered, or return to the country of origin that can be proven) no form is needed and the person reports immediately to Ter Apel. The application is free of charge.

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What happens after the request: registration, family handling, major support and rights where officially stated?

Identity is verified with documents and fingerprints; after applying the person has a right to reception arranged by COA. Family members aged 15 or over must fill in their own form, and children under 18 must also go to Ter Apel. The IND checks the application is complete (if not handed in person, 1 week is given to report), then decides whether to hold an interview, which only covers the new relevant elements. Outcome: an asylum residence permit, or a negative decision with an obligation to leave and an entry ban, which can be appealed in court.

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Which competent authority, UN body or official assistance channel should the person use?

A lawyer can help with the application (arranged by the applicant before the process starts); applicants without a lawyer are entitled to free legal counselling by IND employees, who give a general explanation of the asylum procedure but no personal advice and cannot view application details.

See recorded sources
Limits of the record
  • No fraud/scam warning stated on the page.
  • https://ind.nl/en/residence-permits/asylum/second-or-following-asylum-application
    A lawyer can help you with this. If you want a lawyer, you have to arrange this yourself before the start of the application process. Do you not have a lawyer and are you submitting a second asylum application? Then you are entitled to free legal counseling. These are IND employees who provide you with a general explanation of the asylum procedure. They do not provide personal advice and cannot view the details of your application.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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