Since February, several Dutch judges have refused to send asylum seekers from the Netherlands back to Belgium to have their applications processed.
At least four court decisions are involved, according to information released Wednesday by the weekly magazine Knack.
The rulings affect asylum seekers who applied in Belgium before moving to the Netherlands. The European Dublin Regulation states that the first country where the asylum application was filed is responsible for processing it, which in this case is Belgium.
Dutch judges recently diverged from this regulation, citing concerns about systemic flaws in Belgian reception facilities. A judgment concerning a Georgian national highlighted the issue; despite federal agency Fedasil having a 36,000-place capacity, the centres are overcrowded, putting the Georgian at risk of homelessness.
This situation could potentially violate Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment.
Dutch judges also noted the increasing waiting list for reception places in Belgium, now around 3,000 people, according to Knack. The court decisions specifically relate to single male asylum seekers, who are no longer prioritised for reception places since the previous legislative period, the magazine reported.
