The applicant submitted an application for international protection on 27 August 2021, which is still pending before the Commissioner General for Refugees and Stateless Persons. On 27 August 2021, a mandatory place of registration was assigned to the applicant, lifted on 23 November 2022 by Fedasil as the applicant had been working as an employee with a contract for indefinite duration 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 no later than the first working day following 25 December 2022. The applicant contested this decision claiming that he had been working as interim as of 14 April 2022.

The court noted that Fedasil did not comply with its duty of care in this file, as the calculated data was not accurate and it did not examine whether the situation for the claimant had in the meantime changed between the end of June 2022 and November 2022, the date on which the decision was issued. The court also noted that Fedasil did not hear the applicant party and it did not request the employment and income data from the person and/or third parties.

Thus, the court annulled the contested decision.