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23/11/2021
BE: The status of asylum applicant needs to be established, before deliberating on the entitlement to material reception conditions

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 v Federal Agency for the Reception of Asylum Seekers (Fedasil), 21/803/K, 23 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=2307
Case history
Other information

See further 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 (Palestine) v Federal Agency for the Reception of Asylum Seekers (Fedasil), 21/767/K, 18 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 Brussels on 18 November 2021 and tried to apply for asylum in the arrival centre on 18, 19 and 22 November 2021. On 19 November 2021, he sent an e-mail to the Immigration Office to express his wish to apply for asylum, which was followed by another e-mail on 22 November 2021 requesting the Immigration Office to confirm that the applicant had not been given a security number (numéro de sûreté) in the past, as a proof that he was a first time applicant. The Immigration Office confirmed in an e-mail this fact that there was no corresponding security number in their database, but did not react on the application for asylum.


Then, the applicant sent an e-mail to Fedasil on 22 November 2021 to request material reception. He had not received a reply to this message. The applicant had been sleeping rough since his arrival to Belgium.


The tribunal noted that the fact that the Immigration Office confirmed the lack of security number is not a proof of the fact that the application was registered. Hence, the status of asylum applicant could not be established and as such, neither the entitlement to material reception condition. As the applicant only requested the establishment of reception rights and not to order the Immigration Office to register the application, the tribunal dismissed the request.


Country of Decision
Belgium
Court Name
BE: Labour Tribunal [Tribunal du travail/Arbeidsrechtbanken]
Case Number
21/803/K
Date of Decision
23/11/2021
Country of Origin
Afghanistan
Keywords
Access to procedures
Reception/Accommodation
Other Source/Information
Agentschap Integratie & Inburgering
Original Documents