The Central Agency for the Reception of Asylum Seekers (COA) has wrongly placed the 35-year-old Algerian asylum seeker Syfaks in the ‘process availability location’ (PBL) in Ter Apel. The Northern Netherlands court made this decision on Friday judged. Syfak was previously told orally by the COA that there was only room for him in the PBL.
Since 2022, nuisance asylum seekers with a disadvantaged asylum application have had to stay in the PBL, a kind of prison. The arrival of the PBL in ter Apel, prompted by the Ministry of Justice and Security, is controversial, because asylum seekers have been placed there several times for unclear reasons. It is not clear what exactly ‘nuisance’ means.
The judge ruled on Friday that Syfak does not have to stay in the PBL, because there is insufficient legal basis for the degree of restriction of freedom in a PBL. The ruling may therefore have consequences for other asylum seekers who are staying in the PBL for similar reasons as Syfak.
Outside two hours a day
In the gated residential block in Ter Apel, asylum seekers are only allowed to go outside for two hours a day, they stay indoors the rest of the time and they have a mandatory day and night program. Last month, researchers said no NRC that this de facto amounts to detention, and that the COA has no authority for this. The court had not previously tested this.
Outgoing State Secretary Eric van der Burg said last September in the House of Representatives that he wants more PBLs. It is expected that at least two more will be added.
An asylum seeker was previously successful in a lawsuit against a similar reception location for nuisance asylum seekers in Hoogeveen, because he was unlawfully placed in an isolation cell for two weeks. The judge also ruled that COA had no legal basis for this.
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