The council of state, Belgium’s highest administrative court, has suspended a decision by asylum secretary Nicole de Moor (Flemish Christian democrat) that means refugees that were recognised as such in another EU state would no longer qualify for free board and lodging. Since December, Belgian asylum agency Fedasil has been refusing asylum applications from male refugees already recognised in another country. According to the council of state, Ms de Moor's measure is illegal.
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Asylum secretary Nicole de Moor’s support ban for refugees recognised elsewhere ‘illegal’
Colin Clapson
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The practice among refugees of applying for asylum in Belgium while they have already been recognised as asylum seekers in another EU member state has been a bone of contention for many months. Late last month, Ms De Moor announced that she would use all possible legal means to stop this practice.
‘Every month, 400 to 500 people, who have already applied for asylum in another EU member state and have been recognised as asylum seekers there, apply for asylum in Belgium,’ the asylum secretary told VRT NEWS. She says this state of affairs is ‘not fair and not tenable’.
From January to September, some 4,400 people were involved, mainly Palestinians and Syrians who were already recognised and enjoy protection in Greece or Bulgaria. Partly due to the improper use of the asylum procedure, the number of asylum applications in Belgium is 12 per cent higher this year.
De Moor’s freeze declared ‘illegal’
Asylum agency Fedasil has not been offering male asylum seekers with protection status in another European country board and lodging as part of the asylum application procedure since early December.
The council of state has now ruled that this measure is illegal because it was ‘carelessly drafted’. The measure includes an amendment to the legal framework, which means it had to be submitted to the council of state for its recommendation first. The asylum secretary did not do so, leading the council to suspend the measure.
The refugee organisation Vluchtelingenwerk Vlaanderen has reacted with relief to the suspension. ‘The measure mainly affects Palestinians from the Gaza Strip. They are already in an incredibly difficult situation because of the war in Gaza.’
‘They may enjoy protection in Greece, but the situation for refugees there is anything but humane’ the organisation notes.