According to the court in The Hague, there is insufficient legal basis to detain asylum seekers 22 hours a day in the process availability location (pbl) in Ter Apel. An Algerian asylum seeker appealed against this.
In Friday’s ruling, the judge annuls the decision of the Central Agency for the Reception of Asylum Seekers (COA) to place the Algerian in the trial availability location (pbl). The asylum seeker remains entitled to regular reception until a decision has been made on his asylum application.
The ruling may have consequences for the approach to nuisance asylum seekers in Ter Apel. The PBL was set up there as a pilot to allow asylum seekers with a disadvantaged application to go through the procedure more quickly. During this shortened procedure they must remain on location 22 hours a day. In Ter Apel and the municipality of Westerwolde, this approach has been presented as a promising means of combating nuisance.
No basis for restriction of freedom ‘of that magnitude’
According to the judge, there is insufficient basis in the applicable legislation and regulations for the restriction of freedom imposed on asylum seekers in the PBL. According to responsible State Secretary Eric van der Burg, the restriction of freedom could be justified because asylum seekers must be available 22 hours a day for their asylum procedure.
According to the European Reception Directive, member states may designate a location for the rapid processing of the asylum application and impose an area restriction on asylum seekers. Under certain conditions, freedom of movement may also be restricted. According to the judge, these conditions are not met upon placement in the PBL. It is possible to oblige an asylum seeker to remain available at a certain place, in this case Ter Apel, but there is no basis in the regulations for ‘restriction of freedom of that magnitude’.
The Central Agency for the Reception of Asylum Seekers has announced that it will review the ruling and then decide whether or not to appeal against this decision.