The Netherlands is no longer allowed to return single male asylum seekers who have already applied for asylum in Belgium to that country. The Zuiderburen have had so few reception spots for a long time that these asylum seekers first come to a waiting list. The Council of State speaks of “system failure”.
The Council of State ruled on Wednesday that the reception problems in Belgium are so structural that these people run the risk of ending up on the street. That is contrary to human rights, says the highest administrative court.
Last year, the Council of State ruled that the Netherlands could return the group on the basis of the Dublin Regulation. This regulation means, among other things, that the European country where an asylum seeker is the first asylum is responsible for that asylum seeker.
But even then there were already problems in Belgium and many single men ended up on the street or in the homeless shelter. The country decided in August 2023 to give priority to families, women and vulnerable asylum seekers.
That measure still applies. Last week about 1,836 male asylum seekers were on the waiting list.
Belgian authorities are ‘indifferent’
The Council of State pointed out last year that single men could still use the emergency and homeless shelter and also get medical and legal help. The Belgian authorities would also do their best to arrange new reception places.
But now the problems in Belgium have become structural, according to the administrative court. Moreover, it is unclear whether the male asylum seekers can actually go to the homeless shelter. They also have no access to good legal protection. The Belgian authorities “do not live on judicial judgments and do not pay penalty payments,” the Council of State sees.
In Belgium, reception policy has long been the subject of discussion and lawsuits. The country thus breaks the international agreement that asylum seekers are entitled to reception. The judge has previously passed a line through the preferred policy, but the Belgian government has not responded to that.
The Council of State now speaks of “indifference of the Belgian authorities to resolve these shortcomings in reception and legal protection”. This leads to the “conclusion that there is system failure for this group of asylum seekers in Belgium, whereby they can no longer provide for their most basic necessities of life when they return to Belgium”.
The Netherlands may therefore no longer return the male refugees who have already applied for asylum in Belgium to the country. The Dutch Ministry of Asylum and Migration later comes with a response to the ruling.
The Netherlands is No Longer Allowed to Return Single Male Asylum Seekers Who Have Already Applied for Asylum in Belgium to that Country. Our Southern Neighbors Have had so few reception places for some time that thesis asylum seekers are first placed on a waiting list. The Council of State Speaks of “System Failure”.
The Council of State ruled on Wednesday that the reception problems in Belgium are so structural that these people risk ending up on the streets. That is contrary to human rights, says the highest administrative court.
Last year, the Council of State ruled that the Netherlands Could the Group Back on the Basis of the Dublin Regulation. That regulation Includes that the European Country Where An Asylum Seeker First Applies for Asylum is Responsible for that Asylum Seeker.
But just then there were already problems in Belgium and many single men ended up on the streets or in homeless shelters. In August 2023, The Country Decided to Give Priority to Families, Women and Vulnerable Asylum Seekers.
That Measure Still Applies. Last week, Approximately 1,836 Male Asylum Seekers Were Still on the Waiting List.
Belgian Authorities Take An ‘Indifferent’ Stance
The Council of State Pointed Out Last Year that Single Men Could Still Make Use Of Emergency and Homeless Shelters and Could also Receive Medical and Legal Assistance. The Belgian Authorities would also do their best to arrange new reception places.
But in the MEANTIME, The Problems in Belgium have Become Structural, Accordination to the Administrative Court. It is also Unclear Whether the Male Asylum Seekers Can Actual Go to Homeless Shelters. They also do not have access to good legal protection. The Belgian Authorities “Do Not Comply With Court Rulings and Do Not Pay Penalty Payments”, The Council of State Notes.
In Belgium, The Reception Policy Has Been the subject of discussion and lawsuits for some time. The Country is thus violating the International Agreement That Asylum Seekers Are Entitled to Reception. The Judge Has Previously Struck a Line Through The Preference Policy, But The Belgian Government has not listed to this.
The Council of State Now Speaks of “Indifference on the part of the Belgian Authorities to Resolve Thesis Shortcomings in Reception and Legal Protection”. This leads to the “Conclusion that in Belgium there is a System Failure for this group of asylum seekers, wh andby they can no longer provide for their most basic necials Upon Return to Belgium.”
The Netherlands May Therefore No Longer Return the Male Refugees Who Have Already Applied for Asylum in Belgium to that Country. The Dutch Ministry of Asylum and Migration Will Respond to the Ruling later.