Removal of judicial penalty payments for failure to issue a timely decision

As of 16 October 2026, the possibility for the court to impose a judicial penalty payment in immigration cases due to the IND’s failure to make a timely decision has been abolished. This amendment is relevant not only to asylum procedures, but also to regular residence permit applications and applications based on EU law.

The statutory decision period for regular residence permit applications is generally set on 90 days. If the IND fails to issue a decision within that period, the applicant may submit a notice of default to the IND. If no decision is taken within two weeks after the IND receives the notice of default, an appeal for failure to make a timely decision may be lodged with the court. The same procedure applies to residence applications based on EU law, for which the statutory decision period is six months.

Previously, the court could impose a judicial penalty payment if the IND continued to fail to decide after such an appeal had been filed. This possibility has now been abolished.

When the IND exceeds the statutory decision period, applicants may still file an appeal for failure to decide in time. The administrative court may then order the IND to issue a decision within a newly prescribed period. However, unlike before, the court can no longer attach a penalty payment to such an order.

According to the IND, the purpose of this measure is to prevent substantial amounts from being paid out in penalty payments and to allow those resources to be used to reduce processing backlogs. However, the removal of this financial incentive may also reduce the pressure on the IND to make timely decisions, potentially leaving applicants in uncertainty about their residence status for a longer period of time.

For cases in which an appeal for failure to make a timely decision was lodged before the abolition of the judicial penalty payment, the previous legal regime remains applicable.

Do you have questions about delays in a regular residence permit application or an application for a right of residence under EU law? Please feel free to contact us.