The applicant submitted an application for international protection on 13 November 2020, which is still pending before the Commissioner General for Refugees and Stateless Persons. On 3 November 2020, a mandatory place of registration was assigned to the applicant, liftyed on 23 November 2022 by Fedasil as the applicant had been working as an employee on Belgian territory for more than 6 months and his total remuneration was higher than that of the living wage. The applicant had to leave the reception facility (collective shelter) no later than the first working day following 25 December 2022. The applicant contested this decision claiming an inability to find a private accommodation, which he had been looking for in vain since February 2022. In the meantime the deadline for departure was extended several times.

The court noted that there was no evidence that Fedasil assisted the claimant in the transition to social services and that the information provided to the applicant was insufficient regarding the services provided by the CPAS. The court also rejected Fedasil’s argument that the applicant kept the income hidden, noting that it might not have been clear to the person that the information needed to be passed to the authorities in a specific way. The court also noted that the objective of accelerating the flow of the beneficiaries of material aid does not take into account the need to find a suitable home within the month following the notification of the contested decision, all the more because it was not shown that the person concerned is effectively supervised so that they do not become homeless. The court observed that charging an the person a contribution, taking into account the income of the person, for the stay in a reception structure, pending the possibility of obtaining private residence, was a more appropriate measure. Thus, the court annulled the contested decision.