Asylum agency could face fines up to €5 million for overcrowding at Ter Apel center

The Central Agency for the Reception of Asylum Seekers (COA) must pay a 50,000 euro fine to the municipality of Westerwolde each time the number of asylum seekers at the Ter Apel reception center exceeds 2,000 people. The fine could reach a maximum of 5 million euros, according to a ruling issued by a Groningen court on Wednesday in the municipality’s second set of summary proceedings against the COA.

The new fine is lower than the recommended 75,000 euros, but is significantly higher than the previous court-mandated fine of 15,000 euros per violation. The updated penalty applies for each instance the number of asylum seekers on-site surpasses the agreed limit, not just overnight stays.

Until now, COA has counted only the number of beds used by potential refugees to determine occupancy. However, Westerwolde argues that more people are on-site during the daytime hours.

For instance, asylum seekers who spend the night at emergency shelter locations elsewhere often return to Ter Apel each morning to continue their asylum process. The municipality, where the registration center is located, argues this adds to the congestion and movement on-site. The court agreed, stating that daily occupancy on the site reaches between 120 and 140 percent.

Two weeks ago, Westerwolde said the COA could do more to prevent overcrowding at the center, which it believes causes stress for asylum seekers, COA employees, and residents of the village of Ter Apel. For example, it can take a long time for COA to utilize alternative locations offered by municipalities, argued Westerwolde, which includes Ter Apel.

Mayor Jaap Velema also suggested that a more narrow selection of residents, such as hosting more families, could improve conditions at the Ter Apel center. Additionally, he said that improved cooperation between COA and the Ministry of Asylum and Migration might help secure more reception facilities.

The COA argued it cannot do more, noting that most reception locations across the Netherlands are near capacity. According to COA director Milo Schoenmaker, further requests for staff would compromise their ability to get adequate rest.

Westerwolde also cited research from various government inspectorates showing that the congestion increases safety risks for asylum seekers, COA employees, and the surrounding area. The court agreed with this finding, ordering the COA to take steps to address the issue. The fine is intended as a motivator for the agency to implement changes, the court said.

Earlier this year, COA contended in court that a fine was unnecessary, promising to adhere to the occupancy limit at Ter Apel. However, the maximum fine of 1.5 million euro imposed at the time was reached in less than four months by early June.

This time, based on the last few months' experience, COA argued that a higher penalty would not make a difference. “We are at full capacity; there is no more room to maneuver,” the agency said in court.