HIV+ alien & asylum

When can you request asylum?

You can request asylum in the Netherlands in accordance with Art. 29 of the Aliens Act if you have well-founded reasons to fear for persecution in your own country.

What all do you need to mention when requesting asylum?

It is important that you mention all facts (including medical information) that will be important for judging the application. Mention them as early in the procedure as possible.

Do you have a right to legal support as an asylum seeker?

You have a right to legal support throughout the course of the application procedure for asylum.

Do you have a right to healthcare as an asylum seeker?

As an asylum seeker, you will be insured by the Healthcare Expenses Scheme for Asylum Seekers (ZRA) through the Regulation on Provisions to Asylum Seekers (RVA: Regeling Verstrekkingen Asielzoekers 2005). The new Healthcare Insurance Act will not apply to you.

What if your request for asylum is rejected?

You can appeal the rejection in court. The judge will then decide whether or not the Immigration and Naturalisation Service (IND) was right. You can remain in the reception facilities and will not be deported until the judge has made his/her decision.

What should you do in case of a negative decision by the judge?

As an asylum seeker, you can still appeal the judge's decision to the Council of State. You are not automatically allowed to wait in the Netherlands for their decision. For that, you will have to submit a separate request to the judge.

What if your final appeal is also rejected and you no longer have any legal remedies as an asylum seeker?

Having exhausted all legal remedies as an asylum seeker, you must leave the Netherlands. If you have not left on your own within 28 days, you will be removed from the reception facility. If you remain in the Netherlands after that, you will essentially be an illegal alien and the government can always deport you from the Netherlands.

end faq



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