Belgium: Brussels Labour Tribunal condemns FEDASIL for refusal to provide housing in subsequent asylum application

Date: 
Friday, February 27, 2015

The case concerns a Syrian national who after introducing an asylum application in Belgium was immediately refused accommodation by FEDASIL on the basis that it was his third asylum claim and that he had previously lodged two others (introduced in 2000 and 2010), which were both dismissed  by Commissioner General for Refugees and Stateless (CGRS). The applicant had returned to Syria between the first two applications and before arriving to Belgium his fingerprints were taken in Bulgaria. The matter of the country responsible for the application, under Dublin IIIwas still pending before the Belgian administration who were awaiting an answer from the Bulgarian authorities. FEDASIL’s decision meant that the applicant was without accommodation and could be for a period of several months before a decision was taken rejecting or confirming Belgian’s competence for the claim.

On appeal against FEDASIL’s decision, the Tribunal noted that where FEDASIL does not accord material aid to an applicant, on account of a second or multiple asylum application(s), the Agency must, in line with Article 16 para 4 of the Reception Conditions Directive, take an individual decision which is accompanied by reasons for refusal. Noting that the applicant had had his finger prints taken over a year ago in Bulgaria and thus fell under Article 13 para 1 of Dublin III, the Tribunal went on to note that FEDASIL’s decision did not provide any individualised reasoning as to why accommodation was refused. According to the Tribunal this lack of reasoning was particularly prejudicial in the present case as the first two asylum applications were made over 10 years ago, before the outbreak of civil war. Moreover, given the applicant’s nationality there is a significant probability that he is entitled to refugee status.

Thus, the Tribunal held that the applicant had been deprived of material aid, provided for from the moment an asylum application has been lodged, without a reasoned explanation which took into account his individual situation. Accordingly, the Tribunal ordered FEDASIL to accommodate the individual up until the appeal against the CGRS’ decision had been provided.

Based on an unofficial ELENA translation. 

The ELENA Weekly Legal Update would like to thank Franz Geleyn for informing us of this decision.


27 February 2015
This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.

                                                     

 

Keywords: 
Dublin Transfer
Individual assessment
Personal circumstances of applicant
Reception conditions