Dutch judges can now grant asylum seekers residence themselves

Dutch judges are now deciding for themselves that asylum seekers may stay, a step the Immigration and Naturalisation Service (IND) normally takes. Last Thursday the IND contested the practice in a case at the Council of State (Raad van State). The case concerned how far asylum judges may go when a rejected asylum seeker appeals.

In June the EU Court of Justice ruled that national judges may examine an asylum seeker's statements at length, assess whether they are truthful and decide themselves whether asylum should be granted. The question came from a judge in Zwolle. Until now, Dutch administrative law has worked differently: the government decided, and the judge checked whether it had made the decision carefully. If not, a new decision had to follow.

In June a court in Haarlem ruled on an alleged gay asylum seeker from Sierra Leone whom the IND did not believe. The judge found his statements credible and ordered the IND to do so too, citing the European ruling.

In July the Zwolle court ruled that a whole Iraqi family must receive asylum. The family had been refused a residence permit for years, and the daughters fear forced marriage if they return.

At the hearing, Nina Bontje, speaking for the IND on behalf of the state's attorney (landsadvocaat), said it is not intended that judges now routinely decide on applications themselves. "If the judge is going to give the assessment, it must be done properly," she said. The IND's position is that this is not always happening now.

Statistics Netherlands (CBS) counted 1,845 new asylum claims in August 2026, against 1,965 a year earlier. Between August 2025 and August 2026, monthly numbers ranged from 1,810 in June 2026 to 2,700 in September 2025.

First asylum applications stayed between 1,810 and 2,700 a month

People · Aug 2025–Aug 2026

First asylum applications stayed between 1,810 and 2,700 a month (people). From 1,965 in Aug 2025 to 1,845 in Aug 2026; highest 2,700 in Sep 2025, lowest 1,810 in Jun 2026. Source: CBS.

View data

Data: First asylum applications stayed between 1,810 and 2,700 a month

Item	People
Aug 2025	1,965
Sep 2025	2,700
Oct 2025	2,470
Nov 2025	2,485
Dec 2025	2,570
Jan 2026	2,070
Feb 2026	1,960
Mar 2026	1,965
Apr 2026	2,105
May 2026	2,145
Jun 2026	1,810
Jul 2026	1,920
Aug 2026	1,845