Skip Ribbon Commands
Skip to main content
05/11/2021
BE: The tribunal dismissed a request for accommodation since the applicant did not submitted directly to Fedasil such a request.

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), 21/633/K, 05 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=2309
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), 21/51/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), 21/803/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 registered an asylum application on 29 October and was invited for a lodging interview at the Immigration Office on 8 November 2021. Between 29 October and 3 November, he tried to access the dispatching service of Fedasil at the arrival centre in Brussels to obtain material reception conditions. At first, he found the doors closed, then he was told that he would not receive accommodation as a single man due to the saturation of the reception system.


The tribunal found that there was no evidence of the fact that the applicant submitted an individual request for material reception conditions with Fedasil before turning to the court. It underlined that, the arrival centre was on strike for a day and that there were long queues in front of the centre, but this was not the only way to submit such a request, there were also possibilities to reach the dispatching service by e-mail or fax. Once the individual request submitted, the applicant should leave a reasonable time limit of at least 24 hours for Fedasil to reply.


For the abovementioned reasons, the tribunal dismissed the request.


Country of Decision
Belgium
Court Name
BE: Labour Tribunal [Tribunal du travail/Arbeidsrechtbanken]
Case Number
21/633/K
Date of Decision
05/11/2021
Country of Origin
Türkiye
Keywords
Access to procedures
Reception/Accommodation
Other Source/Information
Agentschap Integratie & Inburgering
Original Documents