IND splits family in Emmen: father and daughter to return to El Salvador
The Rivera family in Emmen is at risk of being torn apart by a decision from the Immigration and Naturalisation Service (IND). Father Carlos and 23-year-old Valeria, who has a disability, must return to El Salvador. Mother Tania and 13-year-old Alisee are permitted to remain in the Netherlands. "It may be logical according to the law, but I cry every day," the family says regarding the decision.
That a family falls apart in this way happens more often than people think, and there is a reason for it related to age. A child under the age of eighteen is usually included in the parents' application during the asylum procedure. A child who has reached adulthood is assessed by the IND as an independent applicant, even if they still live at home and require care. As a result, one family can end up with different outcomes: one person receives a return decision, while the other does not.
Anyone who receives such a decision must be aware that there are deadlines attached to it and that they are short. A rejection from the IND can be appealed in court, followed by an appeal to the Administrative Jurisdiction Division of the Council of State. The deadline for filing an appeal is stated in the decision itself and is often four weeks, or one week in some procedures. If that deadline is missed, the decision becomes final, no matter how strong the case may otherwise be.
What you can do if this happens to your family: have the decision read immediately by an asylum lawyer. This is usually free of charge for asylum seekers via the Legal Aid Board, and the IND decision itself states what legal aid is available. VluchtelingenWerk Nederland (Refugee Council Netherlands) provides free assistance in understanding the letter and finding a lawyer. If there are medical circumstances, such as in Valeria's case, have them substantiated with documents from a healthcare provider: medical objections to deportation must be submitted separately and with evidence, and are not automatically taken into account. Do not wait until the last moment of the deadline.