In a ruling on 23 July 2025, the Dutch Council of State decided that single male asylum seekers can no longer be sent back to Belgium. The court found that these individuals face a real risk of inhuman treatment there, due to serious and ongoing problems with reception and legal support. Some may end up without access to "a bed, a shower and a meal", and are unable to effectively challenge this in court. The ruling confirms an earlier decision by a lower court in The Hague in 2024.

Although Belgium had promised to improve the situation, the court noted that these improvements have not taken place. The shortage of reception places is now seen as a structural problem, and it remains unclear whether emergency accommodation is available for this group. Belgian authorities also fail to comply with court rulings, which further undermines legal protection.  

The Dutch Minister for Migration must therefore handle these asylum claims in the Netherlands instead of transferring applicants to Belgium under the Dublin rules. While acknowledging the implications for EU cooperation, the court emphasised its duty to determine, based on the facts, whether there is a real risk of inhuman treatment.

For further details, please read this press release in Dutch.