Author
There are provisions in the law that allow the material reception conditions to be reduced.[1] In particular, if an asylum seeker seriously violates the accommodation rules in RFA facilities, the MoI may decide to reduce their financial allowance. This allowance can be reduced from the living minimum to the existential minimum. Reductions of material reception conditions are temporary measures applied in accordance with the law, so that the reduction may be imposed only for a month.[2]
A serious violation of the accommodation rules is considered to be conduct such as endangering the life or health of persons in the asylum facility; producing, possessing, or consuming alcohol or other addictive substances; manufacturing or storing items that could be used to threaten the safety of persons or property; entering the facility under the influence of alcohol or addictive substances; repeatedly breaching the smoking ban; or persistently failing to observe hygiene standards.
Reduction of provision of material reception conditions on the basis of the grounds as per Article 20(2) of the Reception Conditions Directive is not applied by law or the relevant authorities.
The MoI takes the decision to reduce material reception conditions on an individual basis and is reasoned. The assessment does not take the risk of destitution into consideration, and there are no safeguards in this regard. The law only provides one limitation as it prohibits a double reduction. This means that if a fine is imposed for offence under a different procedure for the same conduct, the financial allowance cannot be reduced.
While in practice it happens that the financial allowance is reduced, this only happens exceptionally.
The state may also impose sanctions for seriously violent behaviour. Such conduct may be treated as an administrative offence and dealt within offence proceedings and, where the conditions are met, it may also be treated as a criminal offence under the criminal procedure.
If the reception conditions for asylum seekers are reduced in accordance with Section 42(6) of the Asylum Act, they have the right to lodge an administrative appeal against the decision within 15 days to the MoI. However, this appeal does not have a suspensive effect, meaning that the reduction will remain in force while the appeal is pending. Free legal assistance is not guaranteed by law for this type of procedure.
Reception conditions are not limited or reduced due to large numbers of arrivals or limited capacity.
Reception conditions can be reduced in subsequent stages of the asylum procedure. If the applicant is residing in an RFA facility and remains eligible for state‑provided support, the conditions may be limited on the basis of the same grounds as applied earlier in the procedure.
[1] Section 42(6) of the Asylum Act.
[2] Section 42(6) of the Asylum Act.