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In Enschede and Overijssel, find the specialized immigration lawyers at Derbedrosian Immigration Law Attorneys. We understand that the return decision is an important part of immigration law and can have legal implications for those involved. A return order is a legal decision made by the government to require an alien to leave the country. If you disagree with a return decision or its ruling, you have the right to appeal. Lifting a return decision is a complex legal process and requires the right legal representation. Our immigration lawyers in Enschede are available to advise and guide you in filing an appeal and seeking to have a return decision lifted. If you have questions about the return order, the appeal process, or other immigration law matters, please do not hesitate to contact Derbedrosian Immigration Lawyers. We are ready to assist you and handle your case, with the goal of protecting your rights and minimizing the consequences of a return order.
In the Netherlands, "return decision" refers to a specific legal procedure applicable to people who are in the country without the required residence status. This decision has important legal implications and affects the stay of individuals in the Netherlands.
What is a return decision?
To whom does a return decision apply?
The return decision is a legal measure applicable to individuals who are not nationals of an EU/EEA country or Switzerland and who are in the Netherlands. There are several situations in which such a return decision can be issued:
- Rejection of residence permit application: One of the situations in which you may receive a return decision is when the Immigration and Naturalization Service (IND) rejects your application for a residence permit. The return decision can then be part of this negative decision. This can occur if your application does not meet the set requirements or if there are other legal grounds for rejection.
- Revocation of residence permit: another situation in which a return decision may be made is when the IND decides to revoke your residence permit. The return decision is then part of this decision. This can happen if you have violated the conditions of your residence permit, for example by breaking the law or not complying with the rules regarding your stay.
- Illegal residence determined by authorities: If the police or the Royal Military Police encounter you at the border or in the Netherlands and conclude that you are in the country illegally. This can occur if you do not have a valid residence permit or if you have failed to apply for one. The return decision is used in this situation as a legal measure to ensure that you leave the country.
It is extremely important to understand that a return decision is a serious legal matter. Compliance with the deadlines and procedures contained therein is very important. If you disagree with a return decision, you have the right to object or appeal, as mentioned earlier. It is advisable to seek legal advice and take the appropriate steps to understand and manage your situation within the boundaries of the law. This can help you protect your rights and avoid any legal complications.
Adverse effects of the return decision
A return decision can have significant effects on the person concerned. Here are some possible effects of a return decision:
- Mandatory departure: A return decision means that the person must leave the Netherlands and return to his or her country of origin or another country where he or she may legally reside. Failure to comply with this decision can lead to legal consequences, such as an entry ban.
- Eviction procedure: if the person does not leave voluntarily, removal proceedings may be initiated to effect forced return. This may involve holding the person in a detention center until deportation can take place.
- Entry ban: an entry ban can also be imposed, which means that the person is not allowed to enter the Netherlands for a certain period of time. Failure to comply with this entry ban can result in criminal consequences, such as a fine or imprisonment.
Objection to return decision
If you disagree with a return decision, there is the option to object to the decision or appeal. The official notice of the decision will explain in detail how to file an objection with the Immigration and Naturalization Service (IND) or appeal to the courts.
However, there are circumstances in which you are not immediately required to leave the country after a return decision is made:
- Residence permit application: if, after receiving a return decision, you choose to apply for a residence permit and you are allowed to remain in the Netherlands pending the review of your application. This gives you the opportunity to present your case and wait for the decision regarding your residence status.
- Appeal or Objection: If you have received a rejection on your application for a residence permit and appeal or object to this decision within the specified period, you are not required to leave immediately. During the appeal or objection procedure, you can remain in the Netherlands until a final decision is made.
It is important to know that if you do not have a valid residence status in the Netherlands and do not take steps to bring your situation into compliance with the law, you risk being detained in a special facility called a "detention center. This detention center is similar to a jail cell and is used to detain individuals who do not meet the requirements for residence in the Netherlands.
Lawyer return decision
If you are facing a return order, it is important to contact an attorney immediately. Whether you have questions about your rights, want to object to a return order, or need to take steps to improve your situation, we are here to help.
Law firm Der Bedrosian features specialized lawyers in the immigration law and happy to assist you through the process. Please feel free to call us to discuss your situation.