Dutch Court Blocks Return of Asylum Seekers to Belgium

The Council of State of the Netherlands cited the “systemic failure” of Belgian asylee reception.

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An Afghan asylum seeker sits in front of his tent in Brussels on September 15, 2023.

An Afghan asylum seeker sits in front of his tent in Brussels on September 15, 2023.

Simon Wohlfahrt / AFP

The Council of State of the Netherlands cited the “systemic failure” of Belgian asylee reception.

The Dutch Council of State has ruled that Asylum Minister David van Weel (VVD) may no longer return single male asylum seekers to Belgium. Although EU rules (under the Dublin Regulation) typically allow asylum seekers to be sent back to the country where they first registered, the court found that doing so in this case would violate their basic human rights.

Belgium, according to the ruling, can no longer guarantee essentials such as shelter, food, and hygiene for single male asylum seekers. What began as a temporary shortage of reception places has become a structural problem. The court also noted that Belgian authorities often fail to comply with legal rulings or pay court-imposed penalties, offering inadequate legal protection.

The Council described the situation as a systemic failure and a violation of human rights. It added that the Netherlands can no longer rely on Belgium to provide adequate reception, which undermines the mutual trust that the Dublin system depends on. A previous ruling in 2023 allowed returns to Belgium, but promised improvements have not materialized.

The decision sparked political responses, including from right-wing leader Geert Wilders (PVV), who reacted on social media by demanding stricter border controls.

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