The Dutch Immigration and Naturalisation Service (IND) has concluded that it can implement the Asylum Emergency Measures Act and the Dual Status System, provided it receives enough preparation time. This would allow the new laws to enter into force simultaneously with the EU Asylum and Migration Pact. After testing the laws for enforceability, it concluded that although not everything is in order yet, it considers them workable.
The IND investigated the impact of the legislation on its own organisation and other asylum-related organisations. The findings show that the new laws will create significant additional workload, for example due to stricter family reunification rules that will result in more rejections and appeals. Hundreds of extra lawyers will be needed, and without sufficient staffing, processing times are likely to increase.
It found that some measures, such as ending ‘asylum for an indefinite period’ and reducing fixed-term asylum from five to three years, require little extra capacity. Commenting on the abolition of the intention procedure, it noted that this is expected to result in additional appeals, however, it would save the IND work during the decision-making process. Others, like abolishing the judicial penalty, will have no major resource impact.
IND Director-General Rhodia Maas described these asylum laws and the Pact as the most far-reaching changes in 30 years, requiring a new asylum process and ICT system. She warned that without adequate preparation time, the organisation could become overloaded, worsening delays and increasing uncertainty for applicants.