Chapter 7
in forceLegal remedies
Section 1
General provisions
In deviation from Article 6:7 of the General Administrative Law Act (Algemene wet bestuursrecht), the period for submitting a notice of objection or…
In deviation from Articles 2:1, second and third paragraphs, and 8:24 of the General Administrative Law Act (Algemene wet bestuursrecht), the…
Articles 70, paragraph 1, and 89 shall apply mutatis mutandis to an appeal against a decision taken on the basis of Articles 43 and 45, paragraph 4.
In deviation from Article 8:89, second paragraph, of the General Administrative Law Act (Algemene wet bestuursrecht), the administrative court has…
Paragraph 4.1.3.2 and Articles 8:55c and 8:55f of the General Administrative Law Act (Algemene wet bestuursrecht) shall not apply to decisions…
Section 2
Ordinary
This Section applies if Sections 3 and 5 of this Chapter do not apply.
Article 8:88, paragraph 1, of the General Administrative Law Act (Algemene wet bestuursrecht) shall apply mutatis mutandis to a petition for…
The operation of the decision to refuse the application or the withdrawal of the residence permit shall be suspended until the time limit for lodging…
If an objection is lodged against a decision concerning the issuance of the authorisation for temporary stay (machtiging tot voorlopig verblijf)…
An administrative appeal may be lodged with Our Minister against a decision taken in implementation of this Act that was not taken by or on behalf of…
If a petition for a provisional measure has been filed in order to prevent deportation before a decision has been made on the objection or the…
Section 3
Asylum
This Section shall only apply if an appeal is lodged against:
In deviation from Article 8:1 of the General Administrative Law Act (Algemene wet bestuursrecht), no appeal may be lodged against:
In deviation from Articles 8:41, paragraph 1, and 8:82, paragraph 1, of the General Administrative Law Act (Algemene wet bestuursrecht), no court fee…
Without prejudice to Article 68, paragraphs 1 and 2, of the Procedural Regulation, the operation of the decision concerning a residence permit for…
The court shall, in assessing the appeal, take into account:
If an appeal has been lodged against a decision that has the same purport as a decision previously taken in respect of the person who lodged the…
In accordance with Article 67, paragraph 3, of the Procedural Regulation, the review by the court shall include a full and ex nunc examination of…
The court shall render its decision within four weeks after the filing of the appeal, if:
In deviation from Article 8:84 of the General Administrative Law Act, the relief judge shall, in accordance with Article 43, paragraph 3, of the…
The recording of the personal interview or a written representation thereof, as referred to in Article 14 of the Procedural Regulation, shall be…
If the court applies Article 8:72, paragraph 4, subparagraph b, of the General Administrative Law Act (Algemene wet bestuursrecht), the court shall…
Section 4
Appellate proceedings
Titles 8.1 to 8.3 inclusive of the General Administrative Law Act (Algemene wet bestuursrecht) shall apply mutatis mutandis to the appeal, with the…
By way of derogation from Article 8:104, paragraph 1, of the General Administrative Law Act (Algemene wet bestuursrecht), no appeal shall lie against…
In addition to Article 6:5, subparagraph d, of the General Administrative Law Act (Algemene wet bestuursrecht), the notice of appeal shall contain…
By way of derogation from Article 8:41, paragraph 5, of the General Administrative Law Act (Algemene wet bestuursrecht), the period within which the…
The Administrative Jurisdiction Division of the Council of State shall hear the appeal with the application of Section 8.2.3 of the General…
In deviation from Article 8:18, paragraph 1, of the General Administrative Law Act (Algemene wet bestuursrecht), a petition for the challenge of a…
The Administrative Jurisdiction Division of the Council of State may, in its judgment, limit itself to an assessment of the grounds of appeal…
By way of derogation from Article 8:86 of the General Administrative Law Act (Algemene wet bestuursrecht), the President of the Administrative…
This Section applies mutatis mutandis to an appeal against a judgment of the court as referred to in Article 8:104, paragraph 1, under (c), of the…
Section 5
Special legal remedies
A designation pursuant to Article 6, paragraph 1, 2 or 3, Article 6a, or pursuant to Article 55, paragraph 1, a decision pursuant to Article 55.0a…
Immediately after the notification of a decision to impose a measure involving deprivation of liberty as referred to in Articles 6, 6a, 58, 59, 59a…
In deviation from Article 84, under a, an appeal against the decision of the court, referred to in Article 94, paragraph 5, shall lie to the…
If the appeal referred to in Article 94 has been declared unfounded and the foreign national lodges an appeal against the continuation of the…
If the appeal referred to in Article 94, or the appeal against the continuation of the measure depriving liberty referred to in Article 96, has been…
Further rules may be laid down by or pursuant to an order in council (algemene maatregel van bestuur) regarding the manner of hearing the foreign…
In deviation from Article 8:24 of the General Administrative Law Act (Algemene wet bestuursrecht), the foreign national may, during the hearings…
The foreign national is at all times entitled to choose one or more legal counsel.
At the request of the foreign national, a legal counsel shall be assigned to him as soon as he has been deprived of his liberty pursuant to this Act…
In the event of the prevention or absence of the assigned counsel, another counsel shall, if necessary, be assigned to the foreign national without…
By administrative regulation (algemene maatregel van bestuur), rules shall be established regarding the remuneration of assigned counsel, including…
If Our Minister deems this desirable, he may recover the remuneration and compensation of an assignment pursuant to Articles 100 or 101 from the…
Counsel has free access to the foreign national. He may speak with him in private and exchange letters with him without the contents being disclosed…
With regard to the notification of judicial communications pursuant to Articles 94 to 101 inclusive, Articles 36b to 36e inclusive, 36g, 36h, and 36n…
If the court orders the lifting of a measure aimed at deprivation or restriction of liberty, or if the deprivation or restriction of liberty is…