How to Appeal an IND Decision on Temporary Protection in the Netherlands?
If the Immigration and Naturalisation Service of the Netherlands (IND) notifies of its intention to terminate temporary protection, challenging an IND decision proceeds in several stages. First, a written objection (zienswijze) is filed within 4 weeks, and after the final decision — an appeal to the court (beroep) also within a 4-week period.
Law Firm "Zahist" has a presence in the Netherlands and assists clients in cases concerning temporary protection in the Netherlands. Our experience shows that applicants who file an objection together with a lawyer already at the stage of the notice of intention retain their status significantly more often than those who respond only after the final decision.
When the IND decides to terminate temporary protection
Temporary protection remains in force in the Netherlands at least until 4 March 2028; however, the IND may terminate it for an individual person before that date where specific grounds exist.
- The applicant provided false information during registration or when submitting documents.
- There are grounds related to public order or security.
- The applicant already held temporary protection in another EU country before filing an application in the Netherlands.
- A person without Ukrainian citizenship stayed outside the country of origin for fewer than 28 consecutive days and lost the grounds for protection.
- Doubts have arisen regarding the documents submitted that confirm identity or citizenship.
Each ground is assessed individually, so receipt of a notice of intention does not mean automatic termination of status — the decision can still be challenged.
Historically, a similar procedure was first applied to third-country nationals who held a temporary residence permit in Ukraine, rather than to Ukrainians themselves.
Objection stage: filing a zienswijze within four weeks
Upon receiving a notice of intention (voornemen) to terminate protection, the applicant has four weeks to submit a written objection — a zienswijze.
In this document, it is advisable to present arguments and evidence that refute the IND’s grounds, for example confirmation of the accuracy of personal data or the absence of prior protection in another country.
Missing this deadline substantially complicates the further protection of interests, so one should respond immediately after receiving the notice, rather than on the eve of the deadline.
Final decision (besluit) and the right to appeal to the court
If, after considering the objection, the IND nevertheless confirms its intention to terminate protection, a final decision — a besluit — is adopted.
Against this decision, the applicant may file an appeal (beroep) with the district court within four weeks from the date of receipt of the document.
| Stage of the procedure | Time limit |
| Objection (zienswijze) to the notice of intention | 4 weeks from receipt of the notice |
| Appeal (beroep) against the final decision | 4 weeks from receipt of the decision |
| Higher appeal (hoger beroep) | following the outcome of the first-instance court review |
Further challenge: higher appeal (hoger beroep)
If the district court dismisses the appeal, the applicant may file a higher appeal — hoger beroep — which is heard by the next judicial instance.
This stage requires careful legal argumentation, so assistance from a lawyer specialising in migration law substantially affects the quality of the materials submitted.
A higher appeal is considered without a full re-examination of the facts, so the main emphasis is placed on the correctness of the application of the law by the court of first instance.
Right to free or subsidised legal aid
Persons who have received a notice of intention to terminate protection are entitled to an appointed lawyer under the subsidised legal aid system (rechtsbijstand).
- Call the special Legal Aid Board hotline indicated in the IND letter.
- Obtain an appointed lawyer specialising in migration or refugee law.
- Prepare the objection (zienswijze) together with the lawyer within the prescribed time limit.
- If necessary, continue the lawyer’s assistance at the appeal and higher appeal stages.
The personal contribution (eigen bijdrage) for legal aid is in many cases set at zero, in particular where the applicant’s only income is a living allowance under a state programme.
Amount of the personal contribution for legal assistance
The amount of the personal contribution depends on the applicant’s financial situation at the time of applying for legal aid, and the Legal Aid Board verifies it against several criteria.
| Applicant’s financial situation | Amount of the personal contribution |
| Receives a state living allowance (RVA) | zero contribution |
| Has other official income or assets | calculated individually on the basis of income for previous periods |
| Has no official income and no confirmed source of funds | zero contribution upon a written statement |
| Only income is a living allowance under the reception programme (RooO) | zero contribution upon a separate application |
To obtain a zero contribution in certain categories, the applicant must submit a handwritten statement confirming their financial situation together with the application for appointment of a lawyer.
What happens to status while the challenge is under review
Filing an appeal does not guarantee automatic retention of status — a separate application for a provisional measure (voorlopige voorziening) is required for that purpose.
If the court grants such an application, the applicant may lawfully remain in the Netherlands and, subject to the relevant endorsement, continue to work until a final decision in the case.
Without this application, rights associated with temporary protection may cease immediately after the final decision, regardless of the fact that an appeal has been filed.
Particulars for Ukrainian citizens and third-country nationals
The procedure for terminating protection was historically applied primarily to third-country nationals who held a temporary residence permit in Ukraine before the start of the war.
For Ukrainian citizens, an analogous procedure — objection, decision, appeal — is applied in cases of provision of inaccurate information or public-order grounds, although such cases occur significantly less often.
Regardless of the applicant’s citizenship, the sequence of steps remains the same: notice of intention, objection, final decision, and the right to judicial challenge.
Documents that should be attached to the objection
The quality of the objection depends substantially on the completeness of the evidence attached in support of the applicant’s position.
- A copy of the passport or other document confirming identity and citizenship.
- Documents refuting prior receipt of temporary protection in another EU country, if that is the ground stated in the notice.
- Certificates regarding dates of stay outside the country of origin, where the period of absence is at issue.
- A translation of documents into Dutch or English, certified by an authorised translator.
An incomplete set of evidence is one of the main reasons why the IND upholds its initial intention even after receiving an objection from the applicant.
Why accuracy of data at initial registration matters
Most grounds for a notice of intention to terminate are linked precisely to discrepancies in the data submitted during the first registration with the municipality or at the interview with the IND.
Errors in entry dates, an inaccurate translation of a surname, or discrepancies between the registration application and subsequent documents may trigger an additional check even in the absence of any actual breach.
Our experience shows that timely verification of the consistency of all documents submitted significantly reduces the risk of receiving a notice of intention in the future.
Typical mistakes when challenging an IND decision
The most common mistake is ignoring the notice of intention due to a lack of understanding of Dutch or doubt as to the seriousness of the document.
Another widespread problem is filing an objection without specific evidence, where the text merely expresses disagreement without documentary support for the applicant’s position.
Our experience shows that applicants who seek advice immediately after receiving an IND letter prepare significantly stronger objections than those who postpone the decision until the final week of the deadline.
Expert view: how to prepare a strong objection
An analysis of our cases shows that objections supported by clear documentary evidence—certificates, translated records, confirmations of dates—are considered far more carefully than general explanations.
Another important factor is timeliness: a lawyer needs time to translate documents and formulate a legal position, so you should seek assistance immediately after receiving the IND letter.
We recommend retaining copies of all documents submitted during the initial registration, as discrepancies in these data most often form the basis for a notice of intent.
Law Firm "Zahist" has a presence in the Netherlands and supports clients at every stage of the procedure—from the first IND notice through to an appeal before the higher court.
An individual consultation immediately after receiving the letter makes it possible to plan precisely the challenge to the IND decision and to file an objection within the statutory time limit.
Every case has its own circumstances and documents, so a detailed analysis of the situation together with a specialist remains the most reliable way to preserve status in the country.
The sooner an applicant responds to an IND letter, the more time remains to prepare a high-quality objection or appeal and the higher the chances of retaining valid status in the Netherlands.
