Dutch Legislation

Chapter 7

in force

Legal remedies

Aliens Act 2000 (Vw 2000) (Vreemdelingenwet 2000) · Articles: 50

Section 1

General provisions

69 Article 69

In deviation from Article 6:7 of the General Administrative Law Act (Algemene wet bestuursrecht), the period for submitting a notice of objection or…

70 Article 70

In deviation from Articles 2:1, second and third paragraphs, and 8:24 of the General Administrative Law Act (Algemene wet bestuursrecht), the…

71 Article 71

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.

71a Article 71a

In deviation from Article 8:89, second paragraph, of the General Administrative Law Act (Algemene wet bestuursrecht), the administrative court has…

71b Article 71b

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

72 Article 72

This Section applies if Sections 3 and 5 of this Chapter do not apply.

72a Article 72a

Article 8:88, paragraph 1, of the General Administrative Law Act (Algemene wet bestuursrecht) shall apply mutatis mutandis to a petition for…

73 Article 73

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…

74 Article 74 repealed
75 Article 75 repealed
76 Article 76

If an objection is lodged against a decision concerning the issuance of the authorisation for temporary stay (machtiging tot voorlopig verblijf)…

77 Article 77

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…

78 Article 78

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

79 Article 79

This Section shall only apply if an appeal is lodged against:

80 Article 80

In deviation from Article 8:1 of the General Administrative Law Act (Algemene wet bestuursrecht), no appeal may be lodged against:

81 Article 81

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…

82 Article 82

Without prejudice to Article 68, paragraphs 1 and 2, of the Procedural Regulation, the operation of the decision concerning a residence permit for…

83 Article 83

The court shall, in assessing the appeal, take into account:

83.0a Article 83.0a

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…

83a Article 83a

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…

83b Article 83b

The court shall render its decision within four weeks after the filing of the appeal, if:

83ba Article 83ba

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…

83bb Article 83bb

The recording of the personal interview or a written representation thereof, as referred to in Article 14 of the Procedural Regulation, shall be…

83bc Article 83bc

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

83c Article 83c

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…

84 Article 84

By way of derogation from Article 8:104, paragraph 1, of the General Administrative Law Act (Algemene wet bestuursrecht), no appeal shall lie against…

85 Article 85

In addition to Article 6:5, subparagraph d, of the General Administrative Law Act (Algemene wet bestuursrecht), the notice of appeal shall contain…

86 Article 86

By way of derogation from Article 8:41, paragraph 5, of the General Administrative Law Act (Algemene wet bestuursrecht), the period within which the…

87 Article 87 repealed
88 Article 88 repealed
89 Article 89

The Administrative Jurisdiction Division of the Council of State shall hear the appeal with the application of Section 8.2.3 of the General…

90 Article 90

In deviation from Article 8:18, paragraph 1, of the General Administrative Law Act (Algemene wet bestuursrecht), a petition for the challenge of a…

91 Article 91

The Administrative Jurisdiction Division of the Council of State may, in its judgment, limit itself to an assessment of the grounds of appeal…

92 Article 92

By way of derogation from Article 8:86 of the General Administrative Law Act (Algemene wet bestuursrecht), the President of the Administrative…

92a Article 92a

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

93 Article 93

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…

94 Article 94

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…

95 Article 95

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…

96 Article 96

If the appeal referred to in Article 94 has been declared unfounded and the foreign national lodges an appeal against the continuation of the…

96a Article 96a

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…

97 Article 97

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…

98 Article 98

In deviation from Article 8:24 of the General Administrative Law Act (Algemene wet bestuursrecht), the foreign national may, during the hearings…

99 Article 99

The foreign national is at all times entitled to choose one or more legal counsel.

100 Article 100

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…

101 Article 101

In the event of the prevention or absence of the assigned counsel, another counsel shall, if necessary, be assigned to the foreign national without…

102 Article 102

By administrative regulation (algemene maatregel van bestuur), rules shall be established regarding the remuneration of assigned counsel, including…

103 Article 103

If Our Minister deems this desirable, he may recover the remuneration and compensation of an assignment pursuant to Articles 100 or 101 from the…

104 Article 104

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…

105 Article 105

With regard to the notification of judicial communications pursuant to Articles 94 to 101 inclusive, Articles 36b to 36e inclusive, 36g, 36h, and 36n…

106 Article 106

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…