Debt seized from Buildings Agency could pay fines owed to asylum seekers

Belgium’s fines for failing to meet its European obligation to shelter asylum seekers could be paid in part with money seized from the country's federal buildings agency.

The sum - €39,567.50 - was seized to repay the agency’s debt, and the Brussels Court of Appeal ruled this week that the funds can be used to pay penalty payments to four asylum seekers who have sued the Belgian state.

Despite the contrary arguments put forward by the defence, the Court of Appeal ruled that this amount is not useful to the state, for the performance of its duties or for the continuity of public services.

“The state is losing sight of the fact that the simplest way to avoid the legal proceedings brought [by the four asylum seekers ]is to voluntarily comply with the obligation to provide reception facilities,” the court stated.

The asylum seekers’ lawyers estimate that the amount of the penalties for the four asylum seekers will amount to approximately €3,000 per person, or €12,000 in total.

According to the lawyers, this is equivalent to the social assistance that the Belgian state should have provided to the four of them to ensure their reception in the country in October 2021.

“It’s reassuring to see the judiciary taking measures to ensure that the Belgian state pays its penalties by seizing debts from its debtors,” said Marie Doutrepont, one of the lawyers representing the asylum seekers.

“This is the only legal instrument we have to exercise our role as lawyers, defend our clients and uphold the fundamental principles of the rule of law. We have no choice if we want to force the state to pay the fines imposed.”

The federal government says its reception centres are overwhelmed due to the ongoing migration crisis and there is not enough space in asylum centres to accommodate all asylum seekers.

Since August 2023, single male asylum seekers have been placed on a waiting list.