Dutch Court Blocks Deportation of Single Male Asylum Seekers to Belgium

The Netherlands may no longer return single male asylum seekers to Belgium, following a landmark ruling by the Dutch Council of State.

The decision overturns a previous judgment and cites “systemic failure” in Belgium’s asylum system, raising concerns about potential human rights violations.

The case centered on an Afghan national who first arrived in Belgium before applying for asylum in the Netherlands. Under the Dublin Regulation, EU countries are permitted to return asylum seekers to the first country they entered. Dutch authorities attempted to do just that, arguing Belgium remained responsible for the man’s asylum claim.

While earlier court decisions acknowledged that shelter conditions in Belgium were substandard, they allowed returns on the basis that emergency and homeless shelters, along with basic legal and medical assistance, were theoretically available. The Council of State now disagrees, stating that single men are structurally excluded from adequate reception and that Belgian authorities are failing to uphold their obligations.

According to the Court, the situation in Belgium has become so dire that returning asylum seekers risks leaving them homeless and without access to basic necessities. As reported by NOS, it noted that Belgium “does not comply with court rulings” and fails to pay court-imposed penalties for these violations. The ruling described the Belgian government’s approach as marked by “indifference” toward the worsening conditions.

Despite assurances from Belgian officials in March that reception facilities would improve, the Court found no evidence of meaningful change. As a result, the Council concluded that deporting individuals to Belgium under current conditions would violate Article 3 of the European Convention on Human Rights, which prohibits inhumane or degrading treatment.

While the Court acknowledged the ruling could undermine EU cooperation on asylum matters, it emphasized that legal obligations to protect individuals must take precedence when member states fail to meet basic standards.

Responding to the ruling, Dutch right-wing leader Geert Wilders wrote on X: “That’s why we must guard our borders and stop these profiteers immediately at the border. Just as Germany is already doing. What doesn’t come into the Netherlands doesn’t have to leave!”

Wilders’ Party for Freedom (PVV) recently exited the governing coalition, citing frustration with the other parties’ unwillingness to implement what he had promised would be “the toughest asylum policy ever.”

The coalition’s collapse has prompted snap elections scheduled for October.

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