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18/11/2021
BE: Fedasil was ordered to immeditaly accommodate applicant and to provide free legal aid

ECLI
Input Provided By
EUAA IDS
Type
Decision
Relevant Legislative Provisions
Revised Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection) and/or RCD 2003/9/CE
Reference
Belgium, Labour Tribunal [Tribunal du travail/Arbeidsrechtbanken], Applicant (Palestine) v Federal Agency for the Reception of Asylum Seekers (Fedasil), 21/767/K, 18 November 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2285
Case history
Other information

See for example in this database:

Belgium, Labour Tribunal [Tribunal du travail/Arbeidsrechtbanken], Applicant v Federal Agency for the Reception of Asylum Seekers (Fedasil), 21/633/K, 05 November 2021. 

Belgium, Labour Tribunal [Tribunal du travail/Arbeidsrechtbanken], Applicant v Federal Agency for the Reception of Asylum Seekers (Fedasil), 21/51/K, 09 November 2021.

Belgium, Labour Tribunal [Tribunal du travail/Arbeidsrechtbanken], Applicant v Federal Agency for the Reception of Asylum Seekers (Fedasil), 21/803/K, 23 November 2021. 

Belgium, Labour Tribunal [Tribunal du travail/Arbeidsrechtbanken], Applicant v Federal Agency for the Reception of Asylum Seekers (Fedasil), 21/881/K, 10 December 2021.

Abstract

The applicant arrived to Belgium in October 2021 and went to the arrival centre in Brussels every day between 18 October and 4 November 2021. Due to the large number of applicants waiting for registration every day, he could lodge his application finally on 4 November 2021. He also went to Fedasil’s dispatching service for material reception conditions, but no accommodation has been allocated to him, due to the saturated reception system. He also did not receive any further information or support, he only received a paper noting that there were no reception places available and he could contact Fedasil through e-mail, if he needed further information. An employee from Fedasil confirmed that due to the situation in the reception system, there was no place for single men.


A lawyer was appointed for representing the applicant on 16 November 2021. He went to the Legal Aid Bureau earlier, but he received the information that it was only accessible by appointment, and the first time slots were available between 8 and 10 December. To make an appointment, he would have needed to have access to internet and fill out a form in French, hence, he did not completely understand the steps of the process. In the end, volunteers from Vluchtelingenwerk (ASBL) provided support to him, as he was waiting in line at the arrival centre. Since his arrival, the applicant has been sleeping on the streets.


The tribunal ordered Fedasil to accommodate immediately the applicant under the penalty of 100 euro per day for any delay and appointed free legal representative for the applicant.


Country of Decision
Belgium
Court Name
BE: Labour Tribunal [Tribunal du travail/Arbeidsrechtbanken]
Case Number
21/767/K
Date of Decision
18/11/2021
Country of Origin
Palestine State
Keywords
Access to procedures
Legal Aid/Legal assistance/representation
Reception/Accommodation
Other Source/Information
Agentschap Integratie & Inburgering
Original Documents