The first appeal that may be lodged against a decision regarding international protection issued by the Immigration and Naturalisation Service (Immigratie en Naturalisatiedienst, IND) is before a district court (Rechtbank Den Haag).

A district court analyses appeals in full and ex nunc, on both the facts and law, including an examination of the need for international protection when applicable. An appeal lodged before a district court has an automatic suspensive effect, with some exceptions. Although a lawyer is not mandatory before a district court, free legal assistance is available in accordance with the Legal Aid Act.

An appeal against the district court’s decision may be lodged before the Administrative Law Division of the Council of State (Raad Van State). The Council of State can rule on points of fact and/or law and can decide cases on the merits. The scope of the procedure is substantively limited by Article 85 of the Aliens Act 2000, which provides that an appeal must contain at least one complaint against the judgment of the district court. The Council of State provides in principle an ex tunc review of the first appeal decision; however, it may go beyond an ex tunc review if needed to avoid refoulement and more recent developments, legal or factual, can be considered by the Council of State if necessary. The appeal before the Council of State has no automatic suspensive effect. The applicant may however request a suspensive effect to remain in the territory. Although a lawyer is not mandatory before the Council of State, free legal assistance is available on the same conditions as provided under the Legal Aid Act before lower courts.

Both district courts and the Council of State are not specialised asylum courts. They are general courts with sections or panels dedicated to cases regarding international protection.