Appeal
If you disagree with a decision taken in response to your notice of objection, you can lodge an appeal. This means you send a notice of appeal to the District Court. A notice of appeal is a letter indicating why you disagree with the decision made in response to your letter of objection. The District Court will then reassess the matter.
On rechtspraak.nl Link opent externe pagina you will find more information (in Dutch) about the appeal procedure.
What to do
- Write a notice of appeal. Your notice of appeal must at least contain the following:
- the date
- your full name and initials
- your address
- your date of birth
- your Citizen Service Number (BSN)
- the date on which you submit your notice of appeal
- the decision against which you are appealing (if possible enclose a copy)
- your signature
- your arguments against the decision
- If you have supporting documents, enclose those as well.
- Send the notice of appeal by post. The decision in response to your objection states where to send it. If you do not know where to send your notice, send it to the District Court of the district you live in Link opent externe pagina . You can also appeal digitally Link opent externe pagina .
Costs
When you appeal, you are duo to pay a fee. This fee is known as ‘griffierecht Link opent externe pagina ’. The court will send you more information about the payment.
Late appeals
You need to submit a notice of appeal within 6 weeks of the date the decision in response to your objection was sent. If you submit your appeal after this period without having a valid reason, the judge will no longer consider your arguments. The decision will then remain unchanged.
If you appeal after this period but have a valid reason, state this in your notice of appeal. The judge will then assess whether your letter of objection can be handled after all.
Too late for appeal
Has the period for appeal expired? Sometimes something is still possible. However, you will then have to present new facts. New facts are facts that were not previously known, especially when DUO made the decision with which you disagree. You can request DUO to make a different decision based on new facts. You must make this request within 6 weeks after you become aware of these new facts. If you wait too long to submit the request, you run the risk that DUO will reject your request.
Sometimes you can submit a request even if there are no new facts. For example, supporting documents regarding your living situation, in case DUO has adjusted your living situation after an inspection, or information about your registration at school. DUO accepts a generous term of 5 years for this request.
Authorizing somebody else
You do not need a lawyer to lodge an appeal. Somebody else can lodge an appeal on your behalf but only if authorized by you to do so. Your authorized representative must enclose the authorization form Link opent externe pagina with the notice of appeal.
What happens next?
- You will receive a letter from the District Court that your notice of objection has been received.
- DUO will respond in a statement of defence.
- An appeal is usually treated in a public session. You will be invited by the Court.
The original decision will remain in force until a new decision has been taken. If this leads to financial problems for yourself or your institution, you can request a provisional ruling (link in Dutch) Link opent externe pagina from the Court. There will be a fee (link in Dutch) Link opent externe pagina for this.