Skip Ribbon Commands
Skip to main content
17/03/2023
BE: The Ghent Labour Court annulled Fedasil's decision to stop providing the applicant with accommodation, although it considered that his situation could justify the abolition of material assistance.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Belgium, Labour Court [Cour du travail/Arbeidshof], Applicant v FEDASIL, 22/1120/A, 17 March 2023. 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=3417
Case history
Other information
Abstract

Fedasil abolished the material assistance (accommodation) it provided to the applicant, on the basis that he had been employed in Belgium for more than six months and that his income was higher than the minimum living wage. The applicant contested this decision. The Ghent Labour Court annulled Fedasil’s decision. It ruled that, although the applicant’s situation fulfilled the conditions justifying the abolition of material assistance, the decision was unlawful. The court stated that the agency had failed to take the applicant’s personal circumstances into account and had issued a disproportionate decision. In particular, the court noted that the applicant brought sufficient proof that he could not live a dignified life without the social services of the agency, as it was difficult for him to secure accommodation on the basis of the temporary residence permit, without which he was at risk of becoming homeless, regardless of his income level. 


Country of Decision
Belgium
Court Name
BE: Labour Court [Cour du travail/Arbeidshof]
Case Number
22/1120/A
Date of Decision
17/03/2023
Country of Origin
Palestine State
Keywords
Content of Protection/Integration
Reception/Accommodation
Source
agii.be