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Asylum law is a complex area of law that deals with the rights and protection of people seeking asylum in another country. When people face persecution, war, violence or other threats in their own country, they may apply for asylum in another country to seek protection. Derbedrosian Immigration Lawyers in Enschede and Overijssel understand the importance of asylum law and offer pro bono attorneys to represent people seeking asylum. The Legal Help Desk is an organization that provides legal assistance and information to people with questions about their rights, including asylum law. If you have questions about asylum law, visa applications, or if you need legal assistance with your asylum case, do not hesitate to contact Derbedrosian Immigration Lawyers. We are ready to advise and represent you in your asylum case and ensure that your rights are protected.
Asylum law in the Netherlands
Asylum law in the Netherlands concerns people who flee their own country because of imminent danger, can apply for protection and the opportunity to stay here. The process of seeking and obtaining asylum in the Netherlands follows strict rules and procedures to ensure that people who are actually in danger find safe haven.
Asylum law ensures that people have a fair chance to present their case and the chance to escape dangerous conditions in their home countries.
How can a lawyer assist you in your asylum proceedings?
An experienced asylum lawyer plays an invaluable role in your asylum proceedings in the Netherlands. The attorneys at Der Bedrosian Law Firm have expertise in asylum law to effectively present your case. They understand the complex rules and procedures involved in asylum cases and can guide you in formulating a persuasive story to clarify your situation.
In addition, an asylum lawyer acts as your authorized representative, meaning they can communicate with the relevant authorities and agencies on your behalf. They ensure the proper submission of all required documentation and evidence and assist you in navigating the legal processes, including hearings and possible appeals when necessary. In short, an asylum lawyer is your trusted guide and advocate in your search for asylum.
What are the conditions for obtaining asylum?
To qualify for asylum in the Netherlands, applicants must meet specific conditions, as set forth in international conventions and national legislation.
- Fear of persecution: a person may be granted asylum if there are good reasons to fear persecution in their country of origin because of factors such as race, religion, nationality, political opinion, or belonging to a particular social group.
- Fear of inhumane treatment: asylum may also be granted if there are reasonable grounds to fear capital punishment, execution, torture, inhuman or degrading treatment in the country of origin.
- Fear of violence from armed conflict: if there are well-founded reasons to fear that a person will become a victim of indiscriminate violence as a result of armed conflict in the country of origin, asylum may also be granted.
- Family members with residence permits: in some cases, the applicant may be eligible for asylum if an immediate family member (husband, wife, father, mother, or minor child) has recently received an asylum permit in the Netherlands.
Moreover, applicants must demonstrate that they cannot flee in another safe country before reaching the Netherlands. This principle is known as the "first safe country" principle and can affect the asylum procedure.
Finally, applicants have the right to appeal and take their case to court if their asylum application is rejected. This ensures a fair assessment of the application and compliance with relevant laws and regulations.
What are my rights as an asylum seeker during the procedure?
Asylum seekers enjoy various rights and receive support to facilitate their situation during the asylum process. Here are the main points:
- Shelter: The Central Agency for the Reception of Asylum Seekers (COA) is responsible for providing these reception locations. These locations meet strict safety and health standards. In addition, COA provides practical information about life in the Netherlands and staying in an asylum seekers' center (azc).
- Medical care: asylum seekers are entitled to medical care and examination. During their reception period, they are medically assessed and, if necessary, receive medical treatment.
- Legal Assistance: it is advisable to hire an experienced attorney specializing in asylum law to represent and advise you during the proceedings.
- Rest and preparation time: asylum seekers are given at least 6 days of rest and preparation time after their arrival in the Netherlands. During this period, they can recover from their journey and prepare for the asylum procedure.
- Interview with the IND: asylum seekers have the right to an interview with the Immigration and Naturalization Service (IND). During this interview, their identity, nationality and travel route are determined. They have the right to an interpreter and can request the presence of an independent interpreter during interviews with the IND.
What is the process of seeking asylum?
The process of applying for asylum in the Netherlands is as follows:
- Registration: a person seeking asylum must report to the application center (AC) of the Immigration and Naturalization Service (IND). There, the person is registered for personal information, such as name, date of birth, nationality and fingerprints.
- Asylum application: at the application center, the person signs his asylum application, which is then processed by the IND. To qualify for a residence permit, the person must prove that he fears war, the death penalty, torture or other forms of inhumane treatment in his country of origin.
- Procedure: the IND assesses the asylum application and makes a decision. If the IND concludes that the person is entitled to refugee status, he is granted a temporary residence permit, valid for five years. This status entitles the person to housing, and he is required to pass an integration exam.
- Repeat asylum application: in the event of a rejection of the asylum application, the person retains the right to file a repeat asylum application, which gives him a second chance to justify his asylum claim.
- Extended asylum procedure: in some cases, the IND needs more time to make a decision on the asylum application. During this period, the person remains in the asylum seekers' center (azc) while the extended asylum procedure is ongoing.
- Return and Departure: if the asylum application is rejected, the person is usually entitled to reception for up to 28 days, arranged by the Central Agency for the Reception of Asylum Seekers (COA), to prepare for departure. During this period, the person is supported by various organizations, and the return process is supervised by the Repatriation and Departure Service.
This process, which is carefully monitored, ensures the fair processing of asylum applications under national and international law, and provides the necessary support to those seeking asylum throughout the various steps of their application.
Lawyer asylum law
Applying for asylum is a complicated process regulated by strict rules and laws, and it can be very time-consuming. That is why it is advisable to have the right lawyer on your side.
Law firm Der Bedrosian has experienced lawyers who specialize in asylum law and are ready to support you in this process.
Engaging an asylum law attorney can make a significant difference in the outcome of your asylum case. Take to contact us today and give us the opportunity to help you get the best possible results in your asylum case.
The attorneys at Der Bedrosian Law Firm handle the following asylum law cases.