The Netherlands’ Council of State issued a ruling on Wednesday criticising Belgium, stating that Dutch authorities can no longer use the Dublin procedure to send back male asylum seekers to Belgium due to systemic failings in Belgium’s reception and protection of this group.
Under the Dublin Regulation, only one European country is responsible for processing an asylum application, typically the country where the asylum seeker first registered or entered Europe, and individuals must be returned to that initial point of entry if they seek asylum elsewhere.
However, the Dutch Council of State has determined that Belgium no longer provides adequate human rights guarantees to be considered a legitimate point of entry for male asylum seekers on their own. In March 2024, this same council had still regarded Belgium as a reliable destination for these individuals, expecting improvements in reception capacity at that time.
The Raad van State highlighted on Wednesday that the promised improvements have not materialised, with no outlook for increasing reception capacity. The shortage of facilities for single male asylum seekers is now seen as a structural issue, with uncertain access to emergency or homeless shelters for this group. Additionally, the Dutch council noted that these men lack effective legal protection, as Belgian authorities fail to comply with court rulings and neglect to pay penalties, showing “indifference” according to the Dutch Council of State’s statement.
