Court: Faber was not allowed to terminate Bed-Bad-Broodopvang for undocumented people in Amsterdam

Minister Marjolein Faber (asylum and migration, PVV) should not have closed the shelter of a group of Amsterdam undocumented foreigners. The court of Amsterdam ruled on Monday. It is the first time that a judge expresses substantively about whether the minister could have terminated the bed-bath-bread daycare.

The case, which served on April 14, 2025, revolved around 28 undocumented people who participated in the National Aliens Provision (LVV), better known as the Bed-Bad Brood Regulation. Their shelter was terminated because, according to Minister Faber, they did not cooperate in return to their country of origin. This happened months before the minister completely abolished the child’s daycare from 1 January 2025.

Lawyer Pim Fischer assisted the group. According to him, the Minister violates European law by putting undocumented people on the street.

On behalf of Minister Faber, government lawyer P. Kallenbach spoke. According to him, undocumented people can go to the freedom -restricting location (VBL) in Ter Apel. The VBL is a sober reception location, only accessible for asylum seekers who have exhausted who want to actively participate in their departure from the Netherlands. According to Kallenbach, that facility is sufficient to meet the duty of care.

Self -reliance

The judge judges differently. According to the court, in each individual case, the minister should have checked whether termination of the reception would lead to a violation of the European Convention on Human Rights – for example because of medical problems or lack of self -reliance. « The minister has not complied with that duty of care, » the court said.

According to the court, it is insufficient to refer undocumented people to the VBL without investigating whether they can go there. According to the court, for example, the VBL is not a suitable place for people with psychological or medical problems. Moreover, it is disputed whether the VBL has sufficient space. That too needs to be tested individually, according to the judge.

This statement confirms that protecting human dignity is not a policy choice, but a duty

He also states that participating in return is not a condition for reception. If someone does not want or cannot cooperate, there must be a safety net. Now that the LVV has been terminated on 1 January and other unconditional reception is missing, according to the court, European law is being violated.

Fischer calls the statement « a huge boost » – not only for these 28 people, but also for the more than 500 others in comparable procedures. Fischer objected for them in December 2024. The minister has not yet responded.

Various judges, however, ruled that the undocumented people could not be put on the street in the meantime. « According to this statement, the minister will also assess the individual circumstances. That can have major consequences, » says Fischer. « The Constitution counts. No minister can come to that. »

Emotional

The judge dedicated the minister to decide again within six weeks about the objections of the 28 people involved. Until then, they must be taken care of at the expense of the minister.

Fischer was touched by the ruling. « It made me emotional. This is incredibly important. It is a confirmation that protecting human dignity is not a policy choice, but a duty. This is worth defending. »

A spokesperson for Minister Faber says that they will study the ruling.

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