This is a decision that we would have gone well and that does not highlight us: this Wednesday, the Council of State of the Netherlands made an accusing finger on Belgium on Wednesday: the Dutch authorities can no longer use a Dublin procedure to return asylum seekers to Brussels if they are men alone. There is “systemic failure of the Belgian authorities in the reception and protection of the rights of this group”, justifies the Dutch Council of State. The latter confirms what a tribunal of The Hague had already estimated a year ago.
Under the so -called “Dublin” regulation, only one European country is responsible for processing an asylum application: in general, that with which the asylum seeker registered for the first time, or by which he entered Europe. If the person tries his luck elsewhere, he must be returned to this first attachment port.
“Information available, it appears that the promised improvements did not take place and that there is no prospect of enlargement of the capacity”
However, Belgium no longer offers sufficient guarantees in terms of human rights to be considered as such a valid “attachment port”, in substance the Dutch Council of State. In March 2024, the same Council of State had nevertheless judged that Belgium was still a trusted destination for applicants for male asylum and alone. But at the time, the Belgian authorities were expected to improve the capacity.
“Information available, it appears that the promised improvements did not take place and that there is no prospect of expanding the capacity,” notes the “Raad van State” on Wednesday. “The lack of reception places for isolated male asylum seekers is no longer temporary, but has become structural. And it is not clear if this group of asylum seekers can count on emergency reception or for homeless ”. Furthermore, notes the Dutch body, these men “do not have access to effective legal protection, because the Belgian authorities do not respect judgments and do not pay the on -call ones”. In its communication, the Dutch Council of State speaks of “indifference” of the Belgian authorities.
