Litigation in immigration law and nationality law

Litigation is not a sport; when bringing a lawsuit, you first want to know what your chances and risks are. Orion Immigration Law provides a clear, straightforward assessment of this during the initial consultation. We always emphasise that litigation is time-consuming, costly and therefore risky, which is why we always look for alternatives with you first. Can you apply for a new residence permit, and are you satisfied with that solution? Perhaps litigation is not necessary, or perhaps the costs involved outweigh the minor importance of the case. However, sometimes continuing with legal proceedings is simply the best advice we can give you, and in such cases we do not shy away from the challenge. Legal proceedings can be worthwhile.

Are you already involved in proceedings and would you like a second opinion on how they are progressing? Orion Immigration Law can help you with this. A fresh perspective on a long-running case can sometimes be very useful. Orion Immigration Law can discuss with you the steps you have taken so far, whether or not with the help of a solicitor or lawyer. We will give you our own advice on this. Has your solicitor or legal advisor done an excellent job? Then we will confirm that. Do we prefer a different, new point of view? Then we will explain why. The choice of legal advisor is ultimately entirely up to you.

Have you received a preliminary letter from the IND or another administrative body? You will often be given the opportunity to respond to this in writing. This response is called a statement of opinion. Because no decision has been made at this stage, it is important to write a good, effective statement of opinion. A statement of opinion can contain legal arguments, you can draw attention to certain facts in your statement of opinion, or your statement of opinion can be a combination of both. Orion Immigration Law can work with you to identify which facts may be relevant and which may not, what evidence you need, and which arguments are useful or not. Of course, we also handle your case as your representative. This means that we coordinate deadlines with the IND or another administrative body and that we write down and argue your points of view on your behalf.

Have you received a rejection or another decision with which you disagree? In many cases, you can lodge an objection ("bezwaar"). The objection will be assessed by the same administrative body that made the initial decision. This has the important advantage that you can present new evidence and also raise new, recent developments. You can do this in your letter of objection, but also during a hearing. All this evidence and information will then be taken into account in the assessment, which may well lead to a change in your favour.

Orion Immigration Law can help you lodge an effective objection. First of all, we will work with you to determine what you want to achieve with the objection, which facts may be relevant and which may not, what evidence you need, and which arguments are useful and which are not. Of course, we also handle your case as your representative. This means that we coordinate deadlines with the IND or another administrative body and that we write down and argue your points of view on your behalf. We prepare you for the proceedings during a hearing and inform you of your rights and obligations. This way, you will be well prepared and avoid costly mistakes.

Has your objection procedure not yielded a satisfactory result? Then you have the right to appeal to the administrative court. The administrative court is independent of the IND. That sounds like an advantage, but it also has a disadvantage for you. The clear advantage is that the administrative court feels freer than an IND decision-maker to assess the legality of policy rules and other established (unwritten) rules. Legal arguments are therefore more effective in an appeal to the court than in an objection procedure. However, an important disadvantage of the independence of the administrative court is that the administrative court cannot make a decision on your case itself. The administrative court judge will only assess whether the IND’s decision-making in your case was lawful. The court can correct the IND – or another administrative body – but will not make a final decision itself.

Orion Immigration Law has extensive experience in effectively conducting appeal proceedings before the administrative court. First, we will work with you to determine what you want to achieve with the appeal to the administrative court and what arguments would or would not be useful. Of course, we will also handle your case as your representative. This means that we will coordinate deadlines with the court and write down and argue your positions on your behalf in a structured appeal. We will receive any defence on your behalf, discuss it with you and respond to it if necessary. We will also prepare you for the proceedings during the court hearing and inform you of your rights and obligations. At the hearing, we will speak on your behalf and explain to the court why the decision in your case should be overturned.

Do you disagree with the court's ruling in your case? Then you have the right to lodge an appeal with the Administrative Law Division of the Council of State. The IND also has the right to lodge an appeal. The Council of State will assess, on the basis of your arguments, whether the court has handled your appeal correctly. A well-written appeal is important, especially in immigration law. The Council of State can rule immediately after receiving your appeal and therefore does not usually need to invite you to a hearing.

Orion Immigration Law can draft an appeal for you and assist you further with the appeal proceedings. We will discuss the court's ruling (against which you wish to appeal) and examine which arguments could make an appeal worthwhile. We will also tell you what you can expect from the proceedings. If we see opportunities for you, we will of course draft a well-substantiated, legal appeal for you. Will your case be assigned for a hearing in court? Orion Immigration Law has assisted many clients in proceedings before the Council of State and can therefore prepare you well for the proceedings and effectively plead your case on your behalf.

Immigration law and nationality law are increasingly influenced by EU law, which makes litigation before the Court of Justice of the European Union (the Court) increasingly important. Whenever a Dutch court has questions about EU law, that court may decide to initiate special proceedings before the Court. As a party to the proceedings, you may ask the judge to do so, but it is the judge in your case who decides whether this will happen. Orion Immigration Law has in-depth knowledge of EU law. We are at home in this field and follow developments with great interest. In addition, Orion Immigration Law has experience with proceedings before the Court of Justice of the European Union. We are familiar with the rules of procedure that apply here, know the requirements that procedural documents must meet, and understand how the hearing in Luxembourg works.