Author
During the state of crisis due to mass migration, declared since March 2023, the provisions of Reduction or Withdrawal of Material Reception Conditions set out in Sections 30 and 31 of the Asylum Act are not applicable.[1] Pursuant to the legislative changes, no decision has been issued on the reduction or the withdrawal of the reception conditions since 2017.[2]
Otherwise, Section 30(1) lays down the grounds for reducing and withdrawing material reception conditions. These include cases where the applicant:
- Leaves the private housing designated for them for an unknown destination, for a period of at least 15 days;
- Deceives the authorities regarding their financial situation and thus unlawfully benefits from reception;
- Lodges a subsequent application with the same factual elements; or
- Does not comply with reporting obligations relating to the asylum procedure, does not supply the required data or information or fails to appear at personal hearings.
Furthermore, the NDGAP may consider sanctions in designating another place of accommodation if the person seeking recognition grossly violates the rules of conduct in force at the designated place of accommodation or manifests seriously violent behaviour.[3]
A decision of reduction or withdrawal is issued by the NDGAP and is based on a consideration of the individual circumstances of the person. The decision contains the reasoning. The reduction can be in the form of retaining the monthly financial allowance. The reduction or the withdrawal should be proportionate to the violation committed and can be ordered for a definite or for an indefinite period of time with the possibility of judicial review.[4] The Asylum Act furthermore stipulates that emergency health care services must be provided at all times even in the event of the reduction or withdrawal of reception conditions.[5] If circumstances have changed, reception conditions can be provided again. The request for judicial review shall be submitted within 3 days and it does not have an automatic suspensive effect.[6] The applicant has a right to free legal assistance.
According to Section 39(7) of the Asylum Decree, if asylum seekers turn out to have substantial assets or funds, they will be required to reimburse the NDGAP for the costs of reception.
Recuperation of financial claims can be ordered by the NDGAP and implemented via the national tax authority.[7] According to Section 32/Y(4) of the Asylum Act, the person concerned shall be required to pay a default penalty if they have failed to comply with a payment obligation. There is no independent remedy set out in the law against such an enforcement order issued by the NDGAP, however it can be challenged before the administrative court.[8] The head of the authority might authorise the instalment payment or the postponement of the payment upon the request of the applicant.[9] However, recuperation of financial claims has not yet been implemented in practice.[10]
[1] Section 80/I(a) Asylum Act.
[2] Information provided by former IAO, 12 February 2018; 12 February 2019 and by the NDGAP on 2 February 2020, 3 March 2021, 7 February 2022 and 19 February 2024.
[3] Section 30(2) Asylum Act.
[4] Section 31 Asylum Act.
[5] Section 30(3) Asylum Act
[6] Section 31(1) Asylum Act.
[7] Section 32/Y Asylum Act.
[8] Section 32/Y(1) Asylum Act.
[9] Act CLXXXIII of 2018 on the modification of the Asylum Act.
[10] Practice-informed observation by the HCC, January 2024.