Refusal of reception for those already granted protection remains possible after Council of State ruling

“The refusal of reception for people who have already been granted protection in another EU Member State remains possible. However, the Council makes clear that each decision must be better justified and assessed on an individual basis.” Federal Minister for Asylum and Migration Anneleen Van Bossuyt welcomed a ruling by the Council of State on the exclusion from reception of asylum seekers who have already obtained protection in another EU Member State. The ruling follows a complaint filed by several refugee organisations.

The Council of State finds that a systematic exclusion from reception is not permitted for those who have already received protection in another EU Member State. At the same time, the ruling reiterates no fewer than four times that exclusion remains possible, provided that Fedasil carries out an individual assessment of each case.

Guidance for a robust legal solution

Minister Anneleen Van Bossuyt welcomes the guidance offered by the ruling as a basis for a legally robust solution: “I will further analyse the Council of State’s decision and, together with my services, examine how we can bring Fedasil’s practices in line with the conditions set out in the ruling.”

Restoring order to asylum chaos

The minister stressed the need for clear rules to restore order to what she describes as chaos in the asylum system: “The migration pressure on our society is enormous. It is essential to reduce the inflow of asylum seekers, and that starts with a firm approach to tackling abuse. These are people who have already been granted protection in another EU Member State, yet still choose to move on to Belgium,” the minister said firmly.

Criticism proves unfounded

Notably, the Council of State’s ruling makes no mention whatsoever of the minister having ignored a previous judgment of the Constitutional Court — the very argument on which the refugee organisations based their case. “The Council of State does not even address that argument. The criticism voiced in recent weeks therefore proves unfounded. Preventing us from tackling this abuse and giving the system breathing space again helps no one — not those working on the ground, not society, and not the asylum seekers themselves,” Minister Anneleen Van Bossuyt concluded.