Reduction or withdrawal of reception conditions

Author

Vluchtelingenwerk Vlaanderen Visit Website

The law provides for some situations in which reception conditions and material aid can be refused or withdrawn or even – in the case of material aid – recovered from the asylum applicant. Such decisions are only possible for individual reasons related to the asylum applicant.

Sanctions for violation of house rules

Different limitations to the enjoyment of reception conditions can be imposed for infractions of the house rules of a reception centre. The matter is regulated by two decrees published in 2018:

• A royal decree on the system and operating rules in reception centres and the modalities for checking the rooms;^[1]
• A ministerial decree on common house rules in reception centres.^[2]

The Royal decree stipulates the general rules while the Ministerial decree implements them and contains a list of house rules. One part of them is obligatory for all reception facilities; the other part varies depending on the specific reception structure. These rules apply in all reception facilities, except for minors’ observation and orientation centres.

The common obligatory house rules include:

• Respect the infrastructure;
• No drugs, alcohol and no smoking;
• Rules related to security;
• Rules related to cohabitation.

Possible sanctions are enumerated in Article 45 of the Reception Act:

1. the formal warning with an entry in the social dossier;
2. the temporary exclusion from the activities organised by the reception structure;
3. the temporary exclusion from the possibility of doing paid community services;
4. the restriction of access to certain services;
5. the obligation to perform tasks of general benefit (in case of non-performance or defective performance this may be considered as a new offence);
6. the temporary suspension or reduction of the daily allowance, with a maximum period of four weeks;
7. the transfer, without delay, of the asylum applicant to another reception structure;
8. the temporary exclusion of the right to material assistance, for a maximum duration of one month;
9. the definitive exclusion of the right to material assistance in a reception structure.

The procedures for applying these sanctions can be found in a Royal Decree.^[3]

As a sanction for having seriously violated the house rules and thereby putting others in a dangerous situation or threatening the security in the reception facility, the right to reception can be suspended for a maximum of one month.^[4] This measure was taken against 111 persons in 2025, for an average duration of 20 days. In practice, however, due to the reception crisis, the duration of the exclusion is often longer because single men without special vulnerability do not automatically re-access the reception network, but have to register on the waiting list of Fedasil again and wait for a reception place to be assigned.^[5]

The law makes it possible to withdraw reception permanently.^[6] The sanction can only be used for persons, who had been temporarily excluded from reception before, subject to the aforementioned sanction, or in serious cases of physical or sexual violence. 26 applicants were permanently excluded from reception in 2025.^[7]

Sanctions are issued by the centre’s managing director and must be motivated. The person who received the sanction must be heard before the decision is taken. The sanctions that exclude the asylum applicant from the reception facilities (one month or permanently) must be confirmed within 3 days by the Director-General of Fedasil. If they are not confirmed, the sanction is lifted. During the time of exclusion, the asylum applicant still has the right to medical assistance from Fedasil. Most sanctions can be appealed before the managing authority of that reception centre (the Director-General of Fedasil, the NGO partner or the administrative council of the PCSW). An onward non-suspensive appeal is possible in front of the Labour tribunal.^[8] As with every other administrative or judicial procedure, the asylum applicant is entitled to legal assistance, free of charge if they have no sufficient financial means. In all these cases, the reception conditions will be reinstated as soon as the sanction – mostly temporary – has elapsed. In 2025, 6 requests for revision of the sanction were issued within Fedasil itself, of which 2 were accepted. In addition, 20 appeal procedures against exclusions decisions taken by Fedasil were introduced before Labour tribunals.^[9]

In 2018, the Labour Court of Brussels referred questions to the Court of Justice of the European Union concerning the reduction or withdrawal of material reception conditions under the Reception Conditions Directive. In its judgment in Haqbin v. Fedasil, the Court held that sanctions for breaches of house rules or violent behavior cannot include the withdrawal of essential reception conditions such as housing, food, or clothing, even temporarily, as Member States must ensure that applicants can continuously meet their most basic needs and live in dignity.[10] Despite this ruling, Fedasil has continued to apply temporary and, in some cases, definitive exclusions as sanctions for violent behavior. The agency has indicated that it is exploring alternative measures, such as night reception or meal vouchers during exclusion periods, but in practice excluded applicants are generally provided with information on emergency shelters and support services. So far, these alternative measures have not been implemented yet.

Reduction or withdrawal of reception due to a professional income

The Reception Act allows for reducing or withdrawing the reception of applicants with a professional income, or requesting a contribution to the costs related to their reception.^[11] Since 2024, the Reception Act^[12] and a Royal Decree nicknamed “Royal Decree Cumul”^[13] provide a contribution scheme and the control mechanisms available to Fedasil for controlling the income of its residents. Using data provided by social security institutions, Fedasil has a detailed overview of the quarterly income of applicants residing in the reception network.^[14] Applicants residing in a reception facility and working as an employee or under an independent status, are obliged to inform their reception centres about all (evolutions in their) professional activities. As a rule, the contribution consists of 50% of the professional gross income. Lower progressive tariffs apply to applicants who contribute spontaneously without waiting to be controlled. In that case they must pay the following contributions of their net income:^[15]

• Income bracket € 0 – € 264,99 / month: no contribution
• Income bracket € 265 – € 999.99 / month: 35%
• Income bracket € 1000 – € 1,499.99 / month: 45%
• Income bracket + € 1,500 / month: 50%

The following categories are exempt from contributions:^[16]

• Applicants whose designated reception place has been abrogated;
• Applicants who have received international protection;
• Minors who work as a student;
• Applicants who volunteer.^[17]

Applicants who do not pay the progressive contribution voluntarily will receive a notice of default and will be required to pay 50% of their gross salary. If an applicant refuses to pay, Fedasil can force them to leave the reception centre.^[18] Applicants who do not want to pay the contribution can also voluntarily request the abrogation of the designated reception place.^[19] In 2025, Fedasil granted a voluntary abrogation to 268 applicants.^[20]

The right to reception can also be withdrawn from applicants who have a stable and sustainable professional situation that yields an income higher than the amount of the social welfare benefit they would receive if they would meet the conditions.^[21] In such cases, Fedasil can proceed to an abrogation of the designated reception place (‘code 207’). It can refrain from such an abrogation for reasons related to the family, social, medical or procedural situation of the applicant.^[22] No decisions of forced abrogation of the designated reception place were taken in 2025.^[23]

In 2025 Fedasil received 8,884 declarations of professional income and ca. €5 million was contributed. In total 14,769 applicants should have paid a contribution, but  10.653 applicants did not pay.[24] Several applicants appealed this policy at the Labour Court. They argued that they were not informed about their duty to pay the progressive contribution, that they no longer had an income on the moment of the decision, that they could not pay the contribution without a debt repayment plan and that they did not have access to housing outside of the reception network. In several cases the Labour Court found that Fedasil inadequately motivated the decision to withdraw reception conditions. Overall, the Court found that the withdrawal of reception conditions was disproportionate and that the Agency could not ensure the right to human dignity.[25] In total there were 231 convictions of Fedasil by Labour Courts.[26]

Other grounds

Under the Article 4(1) of the Reception Act, Fedasil may refuse or withdraw the assignment of a reception place if:

1. Such a place has been abandoned by the asylum applicant. This applies in cases where the asylum applicant is absent for 3 consecutive days without prior notice or for more than 10 nights in one month (with or without prior notice). The asylum applicant is then ‘de-registered’ from the centre and has the right to ask for a new place. In the context of the reception centre, single male applicants without special vulnerability are in that case not able to re-integrate the reception network due to a lack of places in the context of the current reception crisis. Consequently, they must re-register on the waiting list of Fedasil, which leads to a waiting time of several months before they are able to re-integrate the reception network (see Criteria and restrictions to access reception conditions).
2. The asylum applicant does not attend interviews or is unwilling to cooperate when asked for additional information in the asylum procedure. This is applied, for example, when an applicant in an open return place does not show up for their ICAM-interview (see ‘Return track’ and assignment to an open return place).
3. The applicant makes a Subsequent Application.

Article 4(3) of the Reception Act prescribes that the decisions of revocation or limitation of reception conditions should always:

• be individually motivated;
• be taken with due regard to the specific situation of the person concerned, in particular where vulnerable persons are concerned, and to the principle of proportionality;
• to ensure access to medical care and a dignified standard of living.

In practice, however, Fedasil almost systematically refuses to assign a reception place to subsequent applicants until their asylum application is declared admissible by the CGRS, mostly through standardised refusal decisions. On multiple occasions, labour tribunals have ordered Fedasil to motivate such decisions individually and consider all case elements (see Right to reception: subsequent applications).

[1]          Royal Decree on the system and operating rules in reception centres and the modalities for checking rooms, 2 September 2018.

[2]          Ministerial Decree on house rules in reception centres, 21 September 2018.

[3]          Royal Decree of 15 May 2014 on the procedures for disciplinary action, sanctions and complaints of residents in reception centres.

[4]          Article 45(8) Reception Act.

[5]          Information provided by Fedasil, April 2026.

[6]          Article 45(9) Reception Act.

[7]          Information provided by Fedasil, April 2026.

[8]          Article 47 Reception Act.

[9]          Information provided by Fedasil, April 2026.

[10]         CJEU 12 November 2019, C-233/18 Haqbin, ECLI:EU:C:2019:956.

[11]         Articles 35/1, article 35/2 and article 35/3 Reception Act.

[12]         Law of 25 May 2024 modifying the law of 12 January 2007 regarding the reception of asylum applicants and other categories of aliens, available in Dutch here and in French here.

[13]         Royal Decree of 16 April 2024 on the allocation of material assistance to asylum applicants receiving professional income and other categories of income (“Royal Decree Cumul”), available in French and in Dutch. This new Royal Decree replaces the previous Royal Decree of 12 January 2011.

[14]         Article 35/3 Reception Act; article 12 Royal Decree Cumul.

[15]         Tariffs applicable in March 2025. They are revised on the basis of the wage indexation on a yearly basis, modifications entre into force on 1 January.

[16]         Article 4 §2 Royal Decree Cumul.

[17]         Fedasil Instruction 1 July 2024, Employment of beneficiaries of reception – cumul of material assistance and professional income, available in Dutch here and in French here.

[18]         Article 35/2 Reception Act.

[19]         Fedasil Instruction 1 July 2024, Employment of beneficiaries of reception – cumul of material assistance and professional income, available in Dutch here and in French here, p. 8-10.

[20]         Information provided by Fedasil, March 2026.

[21]         Article 9 Royal Decree Cumul. A professional situation of 6 months is considered stable and sustainable.

[22]         Article 10 Royal Decree Cumul.

[23]         Information provided by Fedasil, April 2026.

[24]         Information provided by Fedasil, April 2026.

[25]         Vluchtelingenwerk Vlaanderen, “Arbrb Brussels: withdrawal of reception conditions due to non-fulfilment of contribution obligation annulled on grounds of stereotypical reasoning’, 28 November 2025, available in Dutch.

[26]         Information provided by Fedasil, April 2026.