The Brussels Labour Tribunal allowed interlocutory proceedings in a case concerning an Afghan applicant whose access to reception material conditions has been temporarily revoked for 14 days, by Fedasil decision of 14 February 2022, confirmed on 17 February 2022, by the director of Fedasil. 

The tribunal considered that teh situation of the applicant met the criteria for interlocutory proceedings, as there was an absolute necessity because the applicant is only 18 years old and has been living within the FEDASIL reception network since he was 16 years. The tribunal noted that it is likely that he does not have his own social network in Belgium which is able to accommodate him temporarily and that he has been on the streets for one week. That precarious situation was considered to justify the interim measure. 

The tribunal stated that the decision of the Fedasil is contrary to Reception Conditions Directive and the CJEU judgment Zubair Haqbin.

The tribunal ordered that the applicant must return in the reception center immediately.