Council of State: Asylum seekers must account for compensation as part of housing costs
The Dutch Council of State (Raad van State, RvS) has decided that asylum seekers who receive compensation for delays in processing their applications must have any amounts exceeding a certain threshold counted towards their housing costs. This decision aligns with the procedures already used by the reception organization COA.
COA requires asylum seekers with sufficient personal resources to contribute proportionately to their housing costs. An asset limit is set annually, which includes savings, income, and other properties. Individuals with assets below the limit pay nothing, while those with assets above the limit may be required to make monthly payments.
Four asylum seekers have appealed to the COA after being asked to contribute to housing because their assets exceeded the allowable limit. The compensations in dispute arise from the fines paid by the ministry when it fails to process asylum applications within the legal deadlines. The asylum seekers argued that these compensations should not be counted as assets because they are intended to compensate for the long waiting period.
The Council of State found that COA was correct, ruling that compensations should not be treated as personal compensation, but rather as a 'financial incentive for the minister to expedite asylum decisions'. Therefore, they can be counted as part of the asylum seeker's assets.
Under the European Union directive on receiving asylum seekers, member states can require asylum seekers with sufficient financial means to contribute to housing costs. The Council of State explicitly referred to this directive in its ruling, emphasizing that this step helps ensure the financial sustainability of reception centers and limits the misuse of services.