Council of State: asylum seekers must count compensation toward housing costs

Asylum seekers who received compensation because the Immigration and Naturalisation Service (IND) took too long to decide on their asylum application must hand over any amount above a certain threshold to help pay for their accommodation. The Council of State (RvS) decided this on Wednesday, in line with the procedure used by the reception organization COA.

The COA requires asylum seekers who have enough personal resources to contribute toward their housing. The system is designed to ensure a proportional contribution to reception costs. Each year, an asset limit is established, covering savings, income, and other belongings. People with assets below this limit pay nothing, while those above may be required to make monthly payments.

Four asylum seekers took legal action against the COA after being asked to contribute toward their housing costs because their assets exceeded the permitted limit.

The funds in question come from fines the ministry pays when it fails to decide on an asylum application within the legally required period. The asylum seekers contend that this compensation should not be counted as part of their assets, since it is meant to compensate for the long wait.

The RvS agrees with the COA that the money should not be regarded as compensation, but rather as a “financial incentive for the minister to speed up asylum decisions.” As a result, it can be included in calculating an asylum seeker’s assets.

Under the EU Asylum Reception Directive, countries can ask asylum seekers with adequate personal means to contribute to their accommodation. The goal is to ensure the financial sustainability of the reception system and to limit misuse of services. The Council of State explicitly cited this rule in its ruling.