Reduction or withdrawal of reception conditions

Netherlands

Country Report: Reduction or withdrawal of reception conditions Last updated: 30/11/20

Author

Dutch Council for Refugees Visit Website

Article 10 RVA sets out the grounds for restricting or, in exceptional cases, withdrawing reception conditions. These include cases where the asylum seeker:

Has left the reception centre without informing the COA or without permission, if permission is required;

Has not reported to the reception centre for two weeks;[1]

Has failed to respond to COA requests for information for two weeks, including personal details required for registration in the centre;

Has failed to appear for the personal interview with the IND for two consecutive times;

Has lodged a subsequent application after a final decision;

Has concealed financial resources and therefore improperly benefitted from reception;

Does not pay back a fee paid to him or her for childbirth costs;

Seriously violates the house rules of the centre;[2] Has committed a serious form of violence to asylum seekers staying in the centre, persons employed in the centre or others.

 

Measures that can be imposed in the aforementioned circumstances: Reglement Onthoudingen Verstrekkingen (ROV) sanctions; and preventative measures. The ROV measures entail an actual reduction or withdrawal of material reception conditions e.g. suspension of the financial allowance or accommodation. Asylum seekers aged 16 or more who seriously violate the house rules of reception centres or who otherwise demonstrate aggressive behaviour may also be transferred to Extra Guidance and Supervision Locations (Extra begeleiding en toezichtlocaties, EBTL).[3] At the end of 2019 the State Secretary has announced that the EBTL will be closed and decided to open a so-called Enforcement and Supervision Location (Handhaving and Toezichtlocatie, HTL) for asylum seekers that seriously violate the house rules of the reception centres. The difference with the EBTL is that in this reception centre they will not try to change the behaviour of the applicant, but rather isolate them from asylum seekers in the regular structures.[4]

 

If there is an incident involving violation of house rules, the COA will organise a meeting to establish the facts. After that, it will assess which measure is appropriate. In a second meeting, the asylum seeker will have the opportunity to elaborate on his or her conduct and the measure that is intended to be imposed.

 

Withdrawal or reduction of reception facilities is a decision of the COA and therefore subject to the Aliens Act regarding applicable legal remedies.[5] This means that the same court that decides on alien’s law matters is competent. A lawyer can get an allowance from the Legal Aid Board to defend the asylum seeker. If the decision becomes irrevocable the measures cannot be re-instated.

 



[1]Article 19(1)(e) RVA. This provision sets out the obligation to report to the centre once a week.

[2]Article 19(1) RVA.

[3]Article 1(n) RVA.

[4]Secretary of State, Letter KST19637 2572, 18 December 2019.

[5]Article 5 Reception Act.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation