The Brussels Court of Appeal ruled that the government must pay the fines awarded to asylum seekers using funds confiscated from the Federal Buildings Agency. The court stated that the fines imposed on the Belgian government for failing to provide accommodation to asylum seekers may be settled from the agency’s seized funds.
The court ruled that the €39,567.50 seized to settle the Federal Buildings Agency’s debts may be used to pay fines awarded by Belgian courts in favor of four asylum seekers. The court also rejected the arguments presented by the government’s lawyer.
The court found that the confiscated funds were not beneficial to the Belgian state, as they were not used for public services. The court stated, “The state overlooks the fact that the simplest way to avoid the legal proceedings initiated by the four asylum seekers would be for them to voluntarily comply with the obligation to provide reception facilities.”
According to the asylum seekers’ lawyers, the fines awarded to the four asylum seekers amount to €12,000 in total, with each of them receiving €3,000. These awarded amounts correspond to the social assistance that the Belgian state should have provided to them from October 2021 until the date of the ruling.
Lawyer Marie Dortrébout, who represents one of the asylum seekers, welcomed the court’s decision. She said: “It is reassuring to see the judiciary taking measures to ensure that the Belgian state pays the penalties imposed on it by seizing debts owed to it by its own debtors.” Dortrébout noted that the court’s ruling provides the only legal tool that allows lawyers to fulfill their role in defending asylum seekers and upholding the fundamental principles of law. She added: “We have no other option if we want to compel the state to pay the fines imposed on it.”
The Belgian government is currently pursuing a strict migration policy and is struggling with overcrowded reception centers due to the ongoing migration crisis. Two years ago, the government decided to place single male asylum seekers on waiting lists.
