The Netherlands may no longer send single male asylum seekers back to Belgium

The Dutch government may no longer send single male asylum seekers back to Belgium, according to a ruling by the Dutch Council of State. According to the judicial body, there is a “systemic failure” on the part of the Belgian authorities when it comes to the reception and legal protection of this group.

Normally, European countries are allowed to send asylum seekers back to the country where they first registered. This is regulated by the Dublin Regulation, which is intended to prevent asylum seekers from applying in multiple countries.

However, according to the Council of State in the Netherlands, single men in Belgium run a real risk of ending up on the streets and not having their “most basic needs for bed, bath and bread” met. This is contrary to human rights, the Council argues, and therefore the Netherlands must process these men's asylum applications itself.

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In March 2024, the Dutch Council of State had ruled that the asylum minister was allowed to return asylum seekers to Belgium. At that time, it was assumed that Belgium was working on improvements to its reception facilities. However, the Council now states “that these improvements have not been made and that there is no prospect of expanding the reception capacity”.

The shortage of reception places for single male asylum seekers is no longer temporary but has become structural, it says. It is also unclear whether they can find emergency accommodation or shelter for the homeless. In addition, they do not receive adequate legal protection in Belgium. “Court rulings are not complied with and penalties imposed remain unpaid,” stated the Council.

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The Dutch Council therefore concludes that “the Belgian authorities are not doing enough to solve the reception and protection problems” and speaks of “a systemic failure”. Instead of being returned to Belgium, the asylum seekers affected will be able to go through an asylum procedure in the Netherlands. According to the Council of State, this seriously undermines the system of cooperation and distribution of asylum seekers between EU member states.

Safe third countries

On Wednesday morning, Belgian asylum minister Anneleen Van Bossuyt had announced that Belgium supports the European Commission's proposal to strengthen the concept of safe third countries in asylum policy. This means that migrants can be returned in more situations, for example if they have travelled through that country or if there are agreements with that third country on protection and return. An asylum seeker would thus no longer always have to have a connection with that country.

“Europe can no longer be a market where people can shop around between member states for the best protection,” Van Bossuyt explained. “Anyone who travels to Europe via a safe country should also be able to be returned to that safe country.”

^{Illustration © BELGA PHOTO KRISTOF VAN ACCOM}