Dutch court blocks Dublin transfer to Belgium due to inadequate reception conditions
In a judgment issued on 11 April 2025, the District Court of The Hague, sitting in Groningen, found that single, non-vulnerable male asylum seekers face a real risk of being deprived of adequate reception facilities in Belgium, which could lead to inhumane or degrading treatment. This ruling follows previous decisions by Dutch judges who determined that Dublin transfers to Belgium could not be carried out due to insufficient guarantees of proper accommodation.
The case concerned a Georgian national who first applied for international protection in Belgium on 22 October 2024. After spending some time on the streets, he travelled to the Netherlands where he lodged another application on 25 October 2024. The Dutch authorities determined that Belgium was responsible for processing his application under the EU Dublin Regulation and rejected his claim, as Belgium had agreed to take him back in December 2024.
Dissatisfied with the decision, the asylum seeker appealed to the District Court of The Hague. He argued that the Dublin transfer to Belgium should not be carried out, citing serious concerns over the country’s reception conditions for asylum seekers, particularly for non-vulnerable, single male applicants. He contended that the lack of adequate reception facilities in Belgium could expose him to inhumane or degrading treatment, violating his rights under Article 3 of the European Convention on Human Rights.
The court highlighted serious concerns about the reception conditions in Belgium, particularly for non-vulnerable single male asylum seekers. It cited several reports, including a report from Fedasil, dated 10 October 2023, and a recent update from AIDA (Asylum Information Database) in May 2024. These reports detailed the severe shortage of reception places, which left many asylum seekers reliant on emergency accommodation, often with insufficient resources.
The court also referred to previous rulings by Dutch courts, notably the judgment of the District Court of Rotterdam on 21 August 2024, which concluded that non-vulnerable male asylum seekers faced a real risk of being deprived of adequate accommodation in Belgium, potentially leading to a state of severe material deprivation. This situation could leave applicants unable to meet basic needs, such as shelter, food, and medical care, exposing them to inhumane treatment, thus violating their rights under the European Convention.
In its final decision, the court found the asylum seeker’s appeal to be well-founded, annulled the initial decision, and ordered the Dutch authorities to take a new decision on his application, considering the issues raised in the ruling.
For further details, please read the judgment (in Dutch).