Author
The only form of reception conditions that can be withdrawn is the monthly allowance of 18€. This can occur if the applicant:
- leaves the municipality in which he/she is accommodated without informing the authorities;
- fails to fulfil the obligation to provide information to the authorities;
- does not attend their personal interview; or
- commits a serious violation of the house rules.[1]
In 2019, the withdrawal or reduction of the monthly allowance to asylum seekers became a regular practice. In 2023, 290 decisions on withdrawal of the monthly allowance were issued because the person did not return to the premises of the Asylum Home. In addition, UOIM issued 19 decisions to applicants who lodged a request for a subsequent application and do not have the right to monthly allowance.[2]
The decision to reduce or withdraw the monthly allowance is made by the authorized person of UOIM. When making the decision, the latter must take into account the special individual circumstances of the asylum seeker and the principle of proportionality.[3] The IPA does not regulate the assessment of the asylum seekers’ risk of destitution or ability to provide for their own basic needs, nor does it define “destitution” or “basic needs”. Similarly, and in practice, the decision to reduce or withdraw the monthly allowance does not contain the assessment of the asylum seekers’ risk of destitution or ability to provide for their basic needs but only the legal grounds and the reason for the decision.[4]
The applicant can submit an appeal against the decision on withdrawal of monthly allowance within three days to the head of UOIM; in such case free legal assistance by the PIC is available to asylum applicants in practice, though not guaranteed by law. In 2023, UOIM made a decision on 6 appeals against the decision to withdraw the monthly allowance.[5]
In addition, the new amendments to the IPA allow the UOIM to resettle an asylum seeker to another accommodation centre, if the latter committed certain serious violations of the house rules.[6] In 2023, one person was resettled to another accommodation centre due to serious violations of house rules.[7]
The new amendments also introduced a drastic de facto reduction of reception conditions in case the applicant commits the following severe violations of the house rules:
- brings or consumes alcohol or other intoxicants;
- enables the accommodation of another person in the room;
- violates the public order and peace.
The amendments allow the UOIM to ‘accommodate’ the asylum seeker in another, special, separate room in the pre-reception area of the Asylum Home for up to 3 days or less, if the measure has reached its purpose.[8] It should be noted that the measure itself amounts to solitary confinement and de facto detention, although it is not defined as such in the IPA, and the procedural provisions for detention do not apply. Applicants who are ‘accommodated’ in the separate room are notified about the detention orally and given a written decision within 24 hours. The applicant can lodge an objection to the UOIM against the decision within 3 days of receiving the written decision.[9] As the measure imposed is no longer in place by the time the applicant is in a position to lodge the objection, the legal remedy is not effective. Applicants also do not have free legal help or representation provided by law in the first instance or before the court. This measure was not used in 2023 according to the UOIM.[10]
[1] Article 85(2) IPA.
[2] Official statistics provided by UOIM, March 2024.
[3] Article 85(3) IPA.
[4] Observation by the PIC.
[5] Official statistics provided by UOIM, March 2024.
[6] Article 82.b IPA.
[7] Official statistics provided by UOIM, March 2024.
[8] Article 82.b(2) IPA.
[9] Article 82.b (4) IPA.
[10] Official statistics provided by UOIM, March 2024.