That judge ruled in favor of an asylum seeker who was placed in the so-called process availability location (PBL) in Ter Apel. It accommodates asylum seekers who have little chance of obtaining a residence permit. They spend 22 hours a day behind closed doors, so they have little time to roam.
Professor of migration law at the Vrije Universiteit Lieneke Slingenberg said in an article in the NRC last month that this amounts to detention and that is not allowed without a legal basis. The NRC also revealed that this approach to nuisance perpetrators was introduced by a confidant of Justice Minister Dilan Yesilgöz (VVD). What constitutes a nuisance was deliberately left vague, so that as many asylum seekers as possible could be dealt with.
The judge now rules that there is indeed ‘insufficient basis’ to detain asylum seekers here. Their freedom is too limited. For Van der Burg, the ruling is reason to take a pause. It is known that no underprivileged asylum seekers will be placed in the PBL for the time being.
The PBL opened last summer. Expectations were high, but this approach did not have much of a positive effect. The number of places is limited, while the State Secretary always promised that there would be more.
Ter Apel and the surrounding area have been heavily burdened by the nuisance of underprivileged asylum seekers for years. They come from countries such as Morocco, Tunisia and Algeria. Van der Burg has stated several times that the PBL would be part of the solution to the problems in Ter Apel and the surrounding area.
According to a spokesperson, it is not yet possible to say how long this facility will remain in pause mode. This depends mainly on further study of the judgment. The lawsuit was filed against the Central Agency for the Reception of Asylum Seekers (COA). It is not yet known whether the shelter organization will appeal against the ruling.