When the authority still will not decide, Awb 6:12 takes the case to the court.

The route in one paragraph

First the Notice of Default under Awb 4:17, with its 14-day window. If no decision arrives in that window, the daily penalty starts accruing under Awb 4:17(3). If the authority still does not decide, Awb 6:12(2)(b) allows you to file an appeal to the administrative court without going through objection first. The court reads the file, asks the authority why, and almost always orders a decision within two to four weeks plus its own court-imposed daily penalty.

In stuck immigration files, the court appeal is the lever that actually moves the case. The Notice gets attention; the court order forces the decision.

When you may file

• You served a Notice of Default that was correctly addressed and received by the authority.
• The 14-day response window under Awb 4:17(3) has expired without a decision.
• You have given the authority a reasonable further period after that (case-law: two weeks is sufficient).
• The procedure is not one that requires objection first (Awb 6:12(2)(b) waives objection specifically for non-decision appeals).

What you file with the court

The court appeal tegen niet-tijdig-beslissen is a short document. The court does not need a 30-page argument; it needs evidence that the term has passed and no decision has been made.

1. 1
   The notice and proof of receipt

   A copy of the Notice of Default you sent and the signed-for delivery confirmation (PostNL Aangetekend or its equivalent). This proves the 14-day clock started.
2. 2
   The original ontvangstbevestiging

   Proof of when the application was received by the authority, so the court can verify the statutory term has expired.
3. 3
   Any extension letter received

   If the authority sent one, attach it. The court will check whether it was a valid Awb 4:14 extension or only a status letter.
4. 4
   A one-page memo of the timeline

   Date application received · date term expired · date Notice received · date 14-day window closed · today. The court needs five lines, not five pages.
5. 5
   Your mandate to MigrationProvision (or your lawyer)

   If a representative files for you, the signed mandate goes in the bundle.

What the court can order

Under Awb 8:55d, the administrative court has three concurrent powers when the appeal is upheld:

• A judgment that the authority is at fault for not deciding in time.
• An order to decide within a further period set by the court, usually two weeks.
• A court-imposed daily penalty for each further day the decision is missed, up to the cap. This daily penalty is separate from and additional to the Awb 4:17 daily penalty that already accrued.

The judgment also creates standing for a subsequent appeal on the substance of the decision once it is finally given, on a faster track.

Cost and timing

Where MigrationProvision sits

We are not a law firm and we do not represent clients in court. Our role on the Awb 6:12 route is the procedural-preparation step: the Notice of Default, the timeline memo, the document bundle, the calendar. Once the bundle is ready, we hand it to an admitted lawyer. See the article on when to hire a lawyer.

Pitfalls that cost a court ruling

• Filing too early. Wait for the 14-day Notice window to fully expire plus a short courtesy period.
• The Notice was sent to the wrong address. The IND has multiple postbus addresses. Use the one named in your acknowledgement letter.
• The application was incomplete on the start date. Awb 4:5 suspends the clock. Check the date of the request for more information (verzoek tot aanvulling).
• The authority decided one day before filing. Once the decision exists, the niet-tijdig appeal becomes moot. Switch to a substantive objection / court appeal if the decision is unfavourable.