The applicant, Tunisian national, was subjected to rape by a cousin when he was a child, in the presence of his father, and then he felt rejected the whole childhood by his family. After the death of his mother in 2015, he found himself alone to face discrimination on the basis of his sexual orientation in Tunisia, where he was continuously harassed, especially by his cousin who became a police officer. He had suicidal attempts and then he left Tunisia and lived in France where he was in depression due to the general situation caused by COVID-19, he moved to Germany where he was subject to violence and abuses in the reception system and then he arrived in Belgium. He had other suicide attempts in France and Germany. Upon arrival in Belgium, the applicant was allocated in July 2022 to a center of the Red Cross in Beersel. In view of the multiple traumatic experiences, the applicant reported not to feel safe and secure in the collective center and that he was sharing accommodation with persons who are hostile against LGBTI. A doctor examined him on 12 July 2022, confirmed that he suffers of PTSD with suicidal attempts and recommended that the applicant is accommodated in a center where he could feel safe, either in a LGBTI friendly location or in a private room, as the accommodation on a collective center causes posed harm to the applicant. The applicant was assigned to another collective center, with an obligation of registration there, without respect for the medical recommendations. In the new center the applicant had an anxiety crisis and was hospitalised.

The applicant contested the allocation and requested the Labour Tribunal to be accommodated in an adequate reception center, with full respect for his needs in light of his medical situation and previous experiences.

The Labour Tribunal first assessed whether the case of the applicant can be considered in view of the admissibility criteria for an urgent ordinance, namely if there is an absolute necessity for the measure to be ordered. The tribunal noted that the applicant was under the risk of living on the streets due to his experiences in the reception centers and that there was an absolute necessity to ensure that the applicant can live his life in a dignified manner.

The tribunal took into consideration the particular vulnerability of the applicant, his mental fragility and the fact that the first reception center did not take into consideration the medical report and recommendations. In his quality of asylum applicant, the applicant has the right to reception during the asylum procedure, and to live with human dignity.

The tribunal reiterated that the refusal to provide adequate material aid to persons in a serious fragility contravene the decision of the Court of first instance of Brussels of 19 January 2022, where Fedasil was ordered to provide the benefit of material aid to every asylum applicant upon registration of application, without any delay or condition (Belgium, Court of first instance [Tribunal de première instance], Applicants (group of Associations) v Fedasil, Belgium State, 2021/164/C, 19 January 2022.)

The tribunal ordered Fedasil to provide the applicant with adequate accommodation, by taking into account the serious vulnerability of the applicant, in a reception center of medium size or in another place adapted or ILA or small hotel, under penalty of paying 100 euro per day of delay.