Should the former Minister of Asylum and Migration close the bed-bath-bread shelter for a group of 23 Rotterdam undocumented aliens? Or is the minister failing to comply with the minimum duty of care without this shelter? These are the most important questions on Wednesday morning in the Rotterdam court.
The minister, argues Jules de Kort on behalf of State Attorney Pels Rijcken, takes the position that foreigners without residence papers are not entitled to shelter unless they cooperate in their departure. In that case, they can report for shelter at the restrictive location in Ter Apel. If the foreigner is not willing to cooperate in departure, the minister is not obliged to provide shelter. In addition to De Kort, the minister sent a large representation to the hearing, including employees from the COA, the IND and the Repatriation and Departure Service.
The restrictive location is not a suitable alternative for his vulnerable clients, says lawyer Pim Fischer
It was former minister Marjolein Faber (PVV) who took the decision to close as of January 1, 2025. She has now been replaced in the outgoing cabinet by David van Weel (VVD). Immediately after Faber’s decision, lawyer Pim Fischer objected on behalf of 546 undocumented persons in all five cities with a National Aliens Facility, better known as bed-bath-bread shelter (Amsterdam, Groningen, Utrecht, Eindhoven and Rotterdam).
In five subsequent court cases it was decided that the foreigners could not be put out on the street as long as the minister had not responded to Fischer’s objection. Only in Rotterdam did the minister respond: the closure remained in place.
So Fischer went to court on behalf of the 23 Rotterdam foreigners. Most are present in the hearing room on Wednesday morning, dressed in thick winter coats. Older couples, young people in their twenties. Familiar faces who were already in this courtroom a year ago. One of them is Chuck (32). He is from Nigeria and has been trying to return for two years. This has still not been successful due to “all kinds of bureaucratic reasons”, says his supervisor Maarten Goeziens. Chuck shrugs. “I don’t really understand what’s happening, but I do know that I’m done with it.”
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European law
Fischer is flanked by colleague Jelle Klaas and migration law researcher Carolus Grütters. According to Fischer, the minister is violating European law by putting undocumented immigrants on the street. They are entitled to minimal care, even if they do not cooperate in their return. “That is crystal clear in European law.” In addition, he believes, the restrictive location is not a suitable alternative for his vulnerable clients.
Does the foreigner’s choice not to cooperate with departure equal for you the choice to live on the street, the judge asks lawyer De Kort. “That’s right,” he replied. He reads no obligation in European law to provide shelter for that group. According to Fischer, these people cannot make the trade-off between the restrictive location and life on the street, because they often have serious medical or psychological problems. Or, says Fischer, they want to return but cannot for various reasons.
According to De Kort, ‘necessary medical care’ is available at the restrictive location and: “more than that is not necessary.” You can also find out whether return is possible there. He believes that the lawyer for the undocumented is painting far too negative a story. The suitable shelter is simply there, he says.
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Freedom-restricting location
After the hearing, Maarten Goekomen is sceptical. He has very different experiences with that freedom-restricting location. “I know plenty of examples of people who would like to go in there, but are simply not allowed to.” For various reasons, there is no prospect of a return to their country of origin for them, and Goekomen’s experience is that this is necessary for a place in Ter Apel.
The case in Rotterdam is being viewed with suspicion from The Hague
According to him, that is not a solution for many, like Chuck. According to Goezins, in the restricted location he would be put out on the street after three months, if he were to enter at all. All the efforts that Goeziens has made in recent years in the return process, such as obtaining the necessary documents from Nigeria, would be in vain if the bed-bath-bread shelter closes. And that, he says, applies to many of his clients.
According to Jelle Klaas, The Hague is watching the case in Rotterdam with suspicion. The Senate will soon vote on the criminalization of illegality. “If the outcome of this lawsuit is that the minister is obliged to provide shelter for undocumented migrants, the fact that those same people are punishable becomes a difficult argument.”
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