Belgian asylum and migration minister Anneleen Van Bossuyt (Flemish nationalist N-VA) is sticking by her refusal for the Belgian authorities to offer shelter, board and lodging to asylum seekers who have already been granted protection elsewhere in the EU, despite the recent suspension of the ministerial decision by Belgium's constitutional court. ‘The pressure on our society and on the ground is immense,’ she says. ‘I am not going to stand by and watch people abuse our asylum and reception system.’
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Asylum minister Van Bossuyt persists in refusal of asylum seekers granted protection in another EU state
Colin Clapson
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Minister Van Bossuyt made it possible to limit or withdraw the right to material assistance i.e. board and lodging for asylum seekers if they had previously been granted asylum in another EU country. In February, the constitutional court ruled that this regulation was at least invalid for the time being: the measure could cause asylum seekers ‘serious harm that would be difficult to repair’ it argued. The court has asked the European Court of Justice whether EU law allows the Belgian regulation.
Van Bossuyt has now announced that her measure will remain in force. The reform ‘is having an effect, so it is important to continue with the policy. The influx of people who have already been granted protection in another EU Member State fell by no less than 83 per cent in the period September to December 2025 compared to the same period in 2024.’
A Belgian legal basis
Furthermore, Belgian legislation provides a legal basis for continuing the policy, the minister says. ‘We respect the ruling of the constitutional court and await the judgment of the European Court of Justice. However, our legal analysis shows that Belgian legislation provides additional grounds for refusing to grant asylum to people who already have protection in another EU member state. We will, of course, make use of these legal options.’
Van Bossuyt concluded by emphasising that the European Migration Pact will enter into force in June. ‘This will give us even more explicit powers to tackle asylum and reception shopping.’
Family reunions for those with subsidiary protection not banned
In February, the constitutional court also struck down the stricter rules on family reunification for persons granted subsidiary protection. According to the minister’s office, Van Bossuyt has not yet found an alternative with a valid legal basis. However, her office says that this only affects 2 per cent of cases and that the stricter rules will therefore continue to apply to the remaining 98 per cent.
What are the different categories of protection?
These are the statuses that grant people international protection:
Refugee status based on the Geneva Convention: intended for people who risk personal persecution due to, for example, their religion, political beliefs or sexual orientation.
Subsidiary protection status: intended for those fleeing arbitrary violence such as conflict or war.
Subsidiary protection status is less commonly granted in Belgium. People who fall into both categories are granted recognised refugee status.
According to European rules, recognised refugees must be treated in the same way as any other EU citizen. This is not the case for people with subsidiary protection. This makes it possible to grant them fewer rights.
For Ukrainians, there is a third separate status: that of temporarily displaced persons.