Asylum seekers must contribute to housing if they receive compensation: Dutch court
Decision aligns with EU guidelines, allowing members to request contributions from asylum seekers for housing, health care if they have resources
LONDON
Asylum seekers who receive government compensation for delayed asylum decisions in the Netherlands must pay for their housing, the Dutch Council of State said Wednesday.
It said asylum seekers who receive compensation due to a delayed decision by the Immigration and Naturalization Service (IND) must hand over any amount above a certain threshold to help pay for their accommodation, Dutch public broadcaster NOS reported.
In four cases that were reviewed, the Central Agency for the Reception of Asylum Seekers (COA) calculated contributions for asylum seekers whose compensation exceeded the asset threshold, €8,000 ($9,326) for individuals and €16,000 ($18,652) for households.
In the Netherlands, asylum seekers can take the IND to court if their application is delayed. The IND faced nearly 30,000 such claims in 2024, paying €36.8 million ($45 million) in total.
The Council of State agreed with the COA that the payments are not compensation for emotional distress but a financial incentive for faster decision-making, so the COA may include the compensation when determining if an asylum seeker has sufficient means to contribute to their housing.
The decision aligns with EU guidelines, which allow member states to request contributions from asylum seekers for housing and health care if they have sufficient resources.
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