Refugee Applicants with Maintenance Payments Must Contribute to Housing
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Asylum seekers who’ve accumulated wealth from fines paid by the Minister of Asylum and Migration may be required to contribute to their own accommodation. That’s the ruling from the Administrative Law Division of the Council of State (RvS).
When the Immigration and Naturalisation Service (IND) doesn’t decide on an asylum submission within the legal timeframe, the minister must pay a fine (known as waiting money) to the asylum seeker.
In the four cases decided today, the Central Agency for the Reception of Asylum Seekers (COA) set a contribution for asylum seekers who’d built up assets from these fines, exceeding the asset limit. That limit is set at €8,000 for singles and €16,000 for households with multiple people.
The Council of State ruled that the COA is within its rights to require contributions from asylum seekers whose assets, built from these fines, exceed the established limits. The court rejected the argument that requiring contributions would violate the right to a dignified existence.
However, the Council of State also stated that the COA must consider individual circumstances when determining the amount of the contribution. They can’t simply deduct the full amount exceeding the limit.