Council of State suspends reception freeze for certain asylum seekers
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The Belgian government's decision to freeze the reception of asylum seekers with protection status in another European country was suspended by the Council of State on Friday.
Since the beginning of December, Fedasil, the organisation responsible for sheltering asylum seekers in Belgium, has refused to take in male asylum seekers with protection status in another European country. Fedasil is facing a shortage of reception places.
The Belgian secretary of state for Asylum and Migration, Nicole de Moor, said at the end of November that it was "not fair and not tenable" for refugees recognised elsewhere to apply for asylum in Belgium.
"The system does not work when we also have to process the files of people who already have protection elsewhere"
From January to September, 4,404 people were refused reception in Belgium. Most of them were Palestinians and Syrians who had been granted protection in Greece or Bulgaria.
"Our country wants to show solidarity with war refugees, but the system does not work when we also have to process the files of people who already have protection elsewhere," said De Moor.
'Carelessly' drafted measure
The Council of State has now suspended the measure. "According to the court, the measure places these people in a situation of great hardship, as they are also not offered reception outside the Fedasil network," said Thomas Willekens of the NGO Vluchtelingenwerk Vlaanderen.
"Putting Palestinians out on the streets now, in winter, shows little compassion or empathy"
Moreover, the measure had been drafted "carelessly" and included a change to the legal framework that should have been submitted to the Council of State for consultation, Willekens said. It is perfectly legal to apply for asylum in Belgium even if a person already received protection status in another European country, he added.
According to Willekens, the measure mainly affected Palestinian men who had been granted protection in Greece. "Palestinians are already in an incredibly difficult situation because of the war in Gaza. Putting them out on the streets now, in winter, shows little compassion or empathy," he said. "We are therefore pleased that the Council of State has suspended this cold measure."
Men warm their hands over a fire outside Petit Chateau, the Fedasil reception centre in Brussels, February 2023. © BELGA PHOTO HATIM KAGHAT
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