Is there state-funded legal aid (toevoeging) for Awb 6:12 cases?

Yes. Most Awb 6:12 cases qualify for state-funded legal aid (toevoeging). The Free Legal Advice Service (Juridisch Loket) or a state-funded legal aid-eligible lawyer can pick up the case.

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How-to · Awb 6:12 · court appeal against absence of decision

When the IND still does not decide the Awb 6:12 court route opens.

Awb 6:12 of the General Administrative Law Act allows court appeal at the district court against the absence of a decision ("fictieve weigering" or fictive refusal). It is the procedural escape valve when the IND has not decided within its statutory term and a Notice of Default has been served without effect. The court treats the absence-of-decision as a refusal and can order the IND to decide within a court-set term, with a court-ordered daily penalty on top of the Awb 4:17 daily penalty. The route is technical and a lawyer is recommended.

Awb 6:12 · the fictive-refusal court route, the escape valve when the Notice has no effect

When the Awb 6:12 route is open

The statutory decision-term has expired (Vw 25 three months, Vw 42 six months, RWN 9(4) twelve months, etc.).
The Notice of Default (ingebrekestelling) has been served on the IND.
Two weeks have passed since the Notice was served (the Awb 6:12 "reasonable additional term" is satisfied by the Awb 4:17 14-day window).
The IND has still not issued a decision.
No new statutory suspension under Awb 4:15 has begun.

The Notice of Default is a precondition. The court will not accept the Awb 6:12 route if no Notice was served. The Notice must precede the beroepschrift by at least two weeks.

The five-step process

1
Confirm the Notice expired

Day 15 after the Notice. The IND has had its 14 days under Awb 4:17. If no decision: Awb 6:12 opens.
2
Draft the beroepschrift

Cite Awb 6:12 (absence of decision) plus the underlying statutory term (Vw 25, etc.). Identify the case by V-number. The relief sought: order to decide within a court-set term, plus daily penalty under Awb 8:55d.
3
File at the district court

Sector bestuursrecht, district court Den Haag for IND cases. By post or via the lawyer's portal. No court filing fee for Awb 6:12 cases (Awb 8:41(3)).
4
Wait for the schriftelijke procedure

The district court may decide without a hearing under Awb 8:54 for clear-cut Awb 6:12 cases. The IND has a chance to file a verweerschrift.
5
Uitspraak

The district court orders the IND to decide within a term (typically two to eight weeks) and imposes Awb 8:55d daily penalty for non-compliance. The Awb 4:17 daily penalty continues to accrue in parallel.

No court filing fee

Awb 8:41(3) exempts Awb 6:12 court appeal from the court filing fee. This is one of the few free court routes in Dutch administrative law. The exemption reflects the policy that the citizen should not pay for the State's failure to meet its statutory deadline.

What the district court can order

Order the IND to decide within a court-set term. Typically two to eight weeks under Awb 8:55d.
Impose a court-ordered daily penalty for non-compliance. Under Awb 8:55d, on top of the Awb 4:17 daily penalty. The court sets the rate (often €100 to €500/day) and the cap.
Order interest on the Awb 4:17 daily penalty. Wettelijke rente from the date the daily penalty became due.
Order the IND to pay the legal costs (the standard award; typically €592 for a written-procedure case in 2026).
In rare cases, decide the application itself if the file allows (Awb 8:72(3)). This is exceptional; usually the court only orders the IND to decide.

What the beroepschrift must contain

Identification of the applicant (name, V-number, address).
Identification of the application that has not been decided (date filed, type, IND reference).
The statutory term that has expired (Vw 25, Vw 42, RWN 9(4), etc.) with calculation.
Reference to the Notice of Default (date sent, attached as appendix).
Statement that no decision has been issued by day 15 after the Notice.
Citation of Awb 6:12, Awb 4:17 and Awb 8:55d.
The relief sought: order to decide, daily penalty, legal costs.
Power of attorney if filed by a lawyer.

Timing in practice

From beroepschrift to uitspraak: typically four to ten weeks for a clean Awb 6:12 case. The district court Den Haag treats these as priority cases because the underlying statutory term has already been breached. Most cases are decided in the schriftelijke procedure (no hearing). The court typically gives the IND two to eight weeks to decide, with Awb 8:55d daily penalty of €100 to €500/day if missed.

Where MigrationProvision sits

MigrationProvision drafts the Notice of Default (€8.75) and the escalation file. We do not file the Awb 6:12 beroepschrift — that is substantive court work for an admitted lawyer. Our escalation file contains the procedural chronology, the Notice of Default, the proof of service, and the daily penalty calculation. A lawyer takes this file to court. Toevoeging (state-funded legal aid) covers most Awb 6:12 cases; a Free Legal Advice Service referral or a direct state-funded legal aid-eligible lawyer can pick up the case.

FAQ

Frequently asked questions.

What is Awb 6:12?

Article 6:12 of the General Administrative Law Act allows court appeal at the district court against the absence of a decision by an administrative body. In immigration cases this means the IND has not decided within the statutory term and a Notice of Default has been served without effect.

Do I need to file a Notice of Default first?

Yes. The Notice (ingebrekestelling) is a precondition. The court will not accept the Awb 6:12 route if no Notice was served and at least two weeks have not passed.

Do I pay court filing fee for Awb 6:12 cases?

No. Awb 8:41(3) exempts these cases. This is one of the few free court routes in Dutch administrative law.

What can the court order?

Order the IND to decide within a court-set term (typically two to eight weeks), impose a court-ordered daily penalty under Awb 8:55d (typically €100 to €500/day for non-compliance), order legal costs and interest on the Awb 4:17 daily penalty.

How long does the Awb 6:12 case take?

Typically four to ten weeks. The district court prioritises these because the underlying statutory term has been breached. Most are decided in the schriftelijke procedure (no hearing).

Can MigrationProvision file the court appeal for me?

No. The Awb 6:12 beroepschrift is substantive court work for an admitted lawyer. We provide the escalation file (chronology, Notice of Default, proof of service, daily penalty calculation) that the lawyer takes to court.

Will the court actually impose a daily penalty?

Yes, in most Awb 6:12 cases the court imposes a court-ordered daily penalty under Awb 8:55d on top of the existing Awb 4:17 daily penalty. The rate varies; €100 to €500/day is typical.

Can the court decide the application itself?

Rarely. Under Awb 8:72(3) the court can decide the application itself if the file allows, but this is exceptional. Usually the court only orders the IND to decide.

Is there state-funded legal aid for Awb 6:12 cases?

Yes. Most Awb 6:12 cases qualify for state-funded legal aid (toevoeging). The Free Legal Advice Service or a state-funded legal aid-eligible lawyer can pick up the case.

Where can I read Awb 6:12 in full?

wetten.overheid.nl, Algemene wet bestuursrecht, hoofdstuk 6, artikel 6:12. The court-ordered daily penalty rules are in Awb 8:55d.

Notice served, IND still silent?

Once the 14 days are up, Awb 6:12 opens the court route. We provide the escalation file with chronology + daily penalty calculation. A lawyer takes it to court. Free of court filing fee.

Open a file · €8.75