Author
Material reception conditions may be restricted or denied if the applicant:
- Does not reside in the Reception Centre in which accommodation has been provided for him or her;
- Stays outside the Reception Centre contrary the conditions referred in the LITP i.e. stays for longer than 24 hours without the prior consent of the Reception Centre;
- Possesses means which provide him or her with an appropriate standard of living; or
- Violates the provisions of the house rules of the Reception Centre. [1]
On the basis of a case by case assessment, the Reception Centre shall render a decision to restrict or deny some of the material reception conditions, which is proportionate to the aim pursued, taking into account the needs of applicants who require special procedural and/or reception guarantees and maintaining the dignity of the standard of living of the applicant. If the circumstances referred under above mentioned points (1) and (2) cease to exist, the Reception Centre has to render a decision to revoke the decision entirely or partially. An appeal may be brought before the Administrative Court within 8 days from the delivery of the decision. The Ministry has the right to request repayment of the costs of accommodation, including material damage incurred, in the cases prescribed in above mentioned points (3) and (4).[2]
There is no information available whether (or how many) decisions on reduction or withdrawal of reception conditions were taken by the Ministry of Interior from 2019 to the end of 2022.
[1] Article 55(5) LITP and Article 4(1) Ordinance on the Realisation of Material Reception Conditions.
[2] Article 55(6)-(9) LITP.